Sellers' Ex'or v. Reed
Supreme Court of Virginia
Argued at Staunton. Decided at Richmond.' Appeal from a decree of the circuit court of Rockingham county, rendered April 18th, 1891. The principal question in the case arose upon the construction of the will of Gideon B. Reed, who died in 1878. So much of the will as is material to the controversy is as follows-: “ I will and bequeath to my wife, Mildred Reed, all my property, both real and personal, until the youngest of our children shall arrive at the age of seventeen…
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Argued at Staunton. Decided at Richmond.' Appeal from a decree of the circuit court of Rockingham county, rendered April 18th, 1891. The principal question in the case arose upon the construction of the will of Gideon B. Reed, who died in 1878. So much of the will as is material to the controversy is as follows-: “ I will and bequeath to my wife, Mildred Reed, all my property, both real and personal, until the youngest of our children shall arrive at the age of seventeen years, she to board, clothe and educate all of our children until that time. Should the now younger child die, then my wife…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
Whether a legacy, which is directed to be paid at a future time, is vested or contingent, depends upon the meaning of the testator (to be gathered from the whole will) to annex the time to the payment or possession only, or to the gift itself. In the former case the legacy vests immediately; in the latter it is contingent.
The rules upon this subject were fully stated in Major v. Major, 32 Gratt. 819, and need not be here repeated at large. According to those rules, the word “when,” like “at,” “if,” “ provided,” &c., in a testamentary gift of…
2Cases cited4 opinions
- Cropley v. CooperSupreme Court of the United States · 1874
- Bredell v. CollierSupreme Court of Missouri · 1867
- Pannill v. ColesSupreme Court of Virginia · 1886
- Major's Ex'or v. Major's Adm'rSupreme Court of Virginia · 1879
3Cited by14 opinions
- Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
- Sorrells v. McNallySupreme Court of Florida · 1925
- Commonwealth v. WellfordSupreme Court of Virginia · 1913
- Suter v. SuterWest Virginia Supreme Court · 1911
- Chapman v. ChapmanSupreme Court of Virginia · 1894
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