Machir v. Funk
Supreme Court of Virginia
Argued at-Staunton. Decided at Richmond. Appeal from decree of circuit court of Shenandoah county, rendered April 6, 1892, in a suit in equity wherein James W. Machir and others were plaintiffs and Noah Funk and others were defendants.
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Argued at-Staunton. Decided at Richmond. Appeal from decree of circuit court of Shenandoah county, rendered April 6, 1892, in a suit in equity wherein James W. Machir and others were plaintiffs and Noah Funk and others were defendants. The principal object of the suit was the sale of certain real estate situate in the counties of Shenandoah and "Warren, which had been devised by Elizabeth Machir, deceased, with a view to a division of the proceeds among those entitled thereto. By the decree appealed from, it was, among other things, held that the appellee, Funk, as sole devisee of his…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The case turns largely upon the construction of the will of Elizabeth Machir, deceased, which was admitted to probate in 1848, soon after the death of the testatrix. The second and third clauses of the will are as follows :
“Second. I will and direct that all my estate, real and personal, be equally divided into three parts. One part I give and devise to my son, Philip A. Machir, one to my daughter,. Catharine S. Funk, and the other third to my son Philip A. Machir, in trust for the separate use of Harriet Machir, wife of my son, Joseph S. Machir,…
2Cases cited4 opinions
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