Prince v. Barham
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Sussex county. Decree for complainants. Defendant appeals.
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court.
[1] The interest in question was devised by the 4th clause of the will of Benjamin Prince above set forth. This is an executory devise.
[2-4] All of the authorities agree, however, that an executory devise stands upon precisely the same footing as con*467tingent remainders in so far as transmissibility of the subject thereof is concerned; and that an interest in such subject may be conveyed (certainly by virtue of such a statute as section 2418 of the Code of 1887 of Virginia) prior to the happening of the…
2Cases cited7 opinions
- Wilson v. LaughorneSupreme Court of Virginia · 1904
- Chess's AppealSupreme Court of Pennsylvania · 1878
- Medley v. MedleySupreme Court of Virginia · 1886
- Bristol v. AtwaterSupreme Court of Connecticut · 1882
- Saunders v. Saunders' AdministratorsSupreme Court of Virginia · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kelly Health Care, Inc. v. Prudential Insurance Co. of America, Inc.Supreme Court of Virginia · 1983
- Copenhaver v. PendletonSupreme Court of Virginia · 1930
- Kelly Health Care, Inc. v. Prudential Insurance Co. of America, Inc.Supreme Court of Virginia · 1983