Swann v. Housman
Supreme Court of Virginia
Appeal from decree of circuit court of Botetourt county, rendered October 80,1891, in a chancery cause wherein George Swann, as executor of Henry E. Smith, was complainant, and Louis Housman, Jr., and others were defendants. The decree being adverse to the complainant, as such executor, he appealed. Opinion states the case.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
On the first day of June, 1888, Henry E. Smith executed the following paper, to wit: “$1,000. This article is to signify that if Elliott Smith survive me, I bequeath him one thousand dollars of my property, free from any lien or incumbrance. To the above bequest I hereunto set my hand and seal the first day of June, 1888. (Signed) Henry E. Smith. [Seal].”
Elliott Smith was an orphan boy, between seven and eight years of age, at the time of the execution of this paper, and a member of Henry E. Smith’s family.
On the second day of December, 1889, Henry…
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