Shirkey v. Kirby
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Augusta county in a suit in chancery in which appellants filed a petition for a rehearing, which was refused.
1Opinion of the CourtWhittle, J.
The question submitted on this appeal involves the power of a court of equity, independently of statute, to secure a loan for necessary repairs and payment of a collateral inheritance tax on the corpus of real estate held in trust as a home for the joint-use and benefit, support and maintenance out of the proceeds, of a husband and wife and his infant children during the lives of the parents, with remainder in fee simple to the children.
The precise terms of the trust created by the will of Davis A. Kayser, deceased, are as follows: “I give, devise and bequeath to my nephew, Joseph J. Shirkey,…
2Cases cited6 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- Faulkner v. DavisSupreme Court of Virginia · 1868
- Johnson v. LemanIllinois Supreme Court · 1890
- Parramore v. TaylorSupreme Court of Virginia · 1854
- Durrett v. DavisSupreme Court of Virginia · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hallett v. MooreMassachusetts Supreme Judicial Court · 1933
- Smith v. DrakeCourt of Appeals of Texas · 1936
- Cottrell v. ReamsCourt of Appeals of Virginia · 1928
- White v. HallSupreme Court of Virginia · 1912
- Leavell v. GrastySupreme Court of Virginia · 1913