Kiracofe v. Kiracofe
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Augusta county, pronounced December 10, 1895, in a suit in chancery wherein appellant was the complainant, and the appellees were the defendants. This was a suit in chancery instituted for the purpose of having partition of a tract of two hundred and ninety-two acres of land which had been the equitable separate estate in fee of Mary E. Kiracofe, and which she had devised to her children.
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Appeal from a decree of the Circuit Court of Augusta county, pronounced December 10, 1895, in a suit in chancery wherein appellant was the complainant, and the appellees were the defendants. This was a suit in chancery instituted for the purpose of having partition of a tract of two hundred and ninety-two acres of land which had been the equitable separate estate in fee of Mary E. Kiracofe, and which she had devised to her children. The defendants were the devisees under the will (other than the complainant who was one of such devisees) and the surviving husband of the testatrix. The husband…
1Opinion of the CourtHarrison, J.
By deed dated March 31, 1877, John L. Blakemore settled to the separate use of his daughter, Mary E. Kiracofe, a certain tract of land in Augusta county, by conveying the same with general warranty of title to her husband, Benjamin I. Kiracofe, in trust for her benefit. The grantor uses the following language in prescribing the terms of the settlement:
“ In trust, nevertheless, for the sole, separate and exclusive use and benefit of Mary E. Kiracofe, the wife of Benjamin I. Kiracofe, and free and discharged from the debts, contracts, liabilities, and marital control of said Benjamin I.…
2Cases cited2 opinions
- Hutchings v. Commercial Bank of DanvilleSupreme Court of Virginia · 1895
- Chapman v. PriceSupreme Court of Virginia · 1886
3Cited by7 opinions
- Alderson's Adm'r v. AldersonWest Virginia Supreme Court · 1899
- Charles v. CharlesSupreme Court of Virginia · 1852
- Tarrant v. CoreSupreme Court of Virginia · 1907
- Freeman v. . LideSupreme Court of North Carolina · 1918
- Freeman v. LideSupreme Court of North Carolina · 1918
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