Stace v. Bumgardner
Supreme Court of Virginia
Argued at Staunton. Decided at Richmond. Appeal from decree of circuit court of Augusta county, rendered on December 5th, 1889, in the consolidated canses of The Bergner & Engel Brewing Company v. Jerram et als.; Stace, Trustee, v. Bumgardner, Trustee, et als., and Bumgardner, Trustee, v. Stace, Trustee, et als.
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Argued at Staunton. Decided at Richmond. Appeal from decree of circuit court of Augusta county, rendered on December 5th, 1889, in the consolidated canses of The Bergner & Engel Brewing Company v. Jerram et als.; Stace, Trustee, v. Bumgardner, Trustee, et als., and Bumgardner, Trustee, v. Stace, Trustee, et als. Opinion states the case as follows: On the 21st of May, 1879, Mary Going and Henry L. Stace being about to be married, the former conveyed to the latter two parcels of land, of which she was seized and possessed, situate in Augusta county, upon certain trusts. There is a recital in…
1Opinion of the Court
Lewis, P.,
(after stating the ease,) delivered the opinion of the court.
The decree is in accord with a long line of decisions of this court, beginning with Wallace and Wife v. Dold's Ex'ors, 3 Leigh 258. The single question is as to the validity and effect of the three deeds of trust, and that depends upon the true construction of the deed of settlement.
The appellants contend that there is a difference between the case of a will, where the intention of the testator only is to be considered, and a case, like the present, of an ante-nuptial coutraet, which gives to several classes of…
2Cases cited8 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Penn v. WhiteheadSupreme Court of Virginia · 1867
- Bain & Bro. v. Buff's Adm'rSupreme Court of Virginia · 1882
- Seibel v. RappSupreme Court of Virginia · 1888
- Mauzy v. MauzySupreme Court of Virginia · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Conrad v. Conrad'sSupreme Court of Virginia · 1918
- Crutcher v. JoyceCourt of Appeals for the Tenth Circuit · 1943
- Horne v. HorneSupreme Court of Virginia · 1943
- Lindsey v. EckelsSupreme Court of Virginia · 1901
- Honaker Sons v. DuffSupreme Court of Virginia · 1903
9 more not listed; retrieve them via the Exa API.