Carr v. Branch
Supreme Court of Virginia
Appeal from decree of circuit court of city of Petersburg, rendered 20th January, 1887, in the chancery suit wherein Edwin B. Branch and his infant brothers and sisters by him as their next friend, are complainants, and the Life Association of America, John W„ Friend, R. K. M. Friend, Miles B. Branch, and others are defendants.
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Appeal from decree of circuit court of city of Petersburg, rendered 20th January, 1887, in the chancery suit wherein Edwin B. Branch and his infant brothers and sisters by him as their next friend, are complainants, and the Life Association of America, John W„ Friend, R. K. M. Friend, Miles B. Branch, and others are defendants. In January, 1870, Edwin W. Friend died, leaving a will whereby, after making certain devises and bequests, he directed the residue of his estate, real and personal, to be sold by his executors upon such terms, in such manner, and at such time as they might deem best,…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion of the court.
The testator, after making sundry specific bequests, says: “I desire the residue of my estate, real and personal, to he sold by my executors * * at such time as they may deem best,” and the proceeds to be divided, etc. This language clearly manifests the intention of the testator, and amounts to an imperative direction that a sale he made. The question of conversion, according to all the authorities, depends on the intention of the testator, which need not he expressly declared, hut may he derived from the general effect of…
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