Burdis v. Burdis
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Stafford county, pronounced May 12,1897, in a suit in chancery wherein the appellee was the complainant, and the appellants and others were the defendants. The chief question involved in this suit was the proper construction of the will of Joseph Burdis. The will is as follows: “ In the name of God. Amen. I, Joseph Burdis, of the county of Stafford, State of Virginia, do make this my last will and testament: “First.
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Appeal from a decree of the Circuit Court of Stafford county, pronounced May 12,1897, in a suit in chancery wherein the appellee was the complainant, and the appellants and others were the defendants. The chief question involved in this suit was the proper construction of the will of Joseph Burdis. The will is as follows: “ In the name of God. Amen. I, Joseph Burdis, of the county of Stafford, State of Virginia, do make this my last will and testament: “First. I desire all my just debts to be paid, if there be any. “ Second. I give and bequeath to each of my children, Mrs. Julia Johnson, Mrs.…
1Opinion of the CourtRiely, J.
Joseph Burdis devised to his wife for her life his homestead and five acres of land, with the understanding that his son, Albert, would support and take care of her, and at her death the homestead and land should return to Albert as compensation therefor.
The wife of the testator died in his lifetime, and the matter to be determined is, whether or not his son, Albert, is entitled, under these circumstances, to the homestead and land. This depends upon the question whether the condition upon which he was to have the property was. a condition precedent to its vesting in him, or was a condition…
2Cases cited6 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Martin v. BallouNew York Supreme Court · 1852
- McLachlan v. McLachlanNew York Court of Chancery · 1842
- Parker v. ParkerMassachusetts Supreme Judicial Court · 1878
- Morse v. HaydenSupreme Judicial Court of Maine · 1889
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