Legal Opinion · Dissent

Merson v. Wood

Supreme Court of Virginia

Decided January 16, 1961No. Record 5174Published

The opinion states the case.

1DissentBuchanan, J.

The will of Annie C. Leece devised the land in question in this case to her son, John S. Leece, “during his lifetime, and if he dies without heirs,” then to be sold and divided among three named grandchildren of the testatrix. As is conceded, John S. Leece took a life estate, with remainder to his heirs, if he had an heir.

•The statutes alone determine who are the heirs of a person dying. The adoption statutes fix the status and rights of an adopted child, and provide that “to all intents and purposes” he is the child of the adopter, and “entitled to all the rights and privileges * * of a…

2Cases cited4 opinions

  1. McFadden v. McNortonSupreme Court of Virginia · 1952
  2. Newsome v. ScottSupreme Court of Virginia · 1959
  3. Dickenson v. BuckSupreme Court of Virginia · 1937
  4. Spicely v. JonesSupreme Court of Virginia · 1958

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