Carter v. Keesling
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Smyth county. Decree for defendants. Complainant appeals. On September 1, 1919, the appellant bought of the appellees, James B. Keesling and Edith Keesling Cole, a tract of 509 acres of land and considerable personal property, which constituted portions of a larger amount of land and personal property which were devised and bequeathed to James B. Keesling and Edith Keesling Cole by the residuary clause of the will of the father of…
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Appeal from a decree of the Circuit Court of Smyth county. Decree for defendants. Complainant appeals. On September 1, 1919, the appellant bought of the appellees, James B. Keesling and Edith Keesling Cole, a tract of 509 acres of land and considerable personal property, which constituted portions of a larger amount of land and personal property which were devised and bequeathed to James B. Keesling and Edith Keesling Cole by the residuary clause of the will of the father of the former and grandfather of the latter, one Emory S. Keesling, deceased, duly probated in the year 1915. The…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
We will first dispose of the questions presented in argument which arise upon the assignments of error before us to the action of the court below in sustaining the demurrer to the original bill by the decree entered October 26, 1920.
[1] There is no controversy over the conclusion that the estate vested in James B. Keesling by the clause of the will in question is a defeasible fee in the real estate and a defeasible absolute estate in the personal property, devised and bequeathed thereby, subject to be…
2Cases cited5 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Redford v. ClarkeSupreme Court of Virginia · 1902
- Potter v. GardnerSupreme Court of the United States · 1827
- Hughes v. TabbSupreme Court of Virginia · 1884
- Claiborne v. HollandSupreme Court of Virginia · 1892
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- G. Kay, Inc. v. Nebraska Public Service CommissionNebraska Supreme Court · 1985
- Love v. RoperSupreme Court of Virginia · 1956