Legal Opinion

Moore v. Downham

Supreme Court of Virginia

Decided March 12, 1936PublishedCited by 15 opinions

1Opinion of the CourtCampbell, C. J.

We are called upon in this appeal to decide whether the residuary clause in the last will of Sarah Adela Wilkins, deceased, creates a valid testamentary charitable trust. The chancellor of the lower court thought that it did and so decreed.

The residuary clause in said will is as follows:

“13. I give, bequeath and devise all the rest and residue and remainder of my property, both real, personal and mixed, of whatever kind and nature, and wheresoever situate, unto my executor and trustee, hereinafter named, for the following purpose: (a) To receive said residue; (b) For him to dispose of for…

2Cases cited2 opinions

  1. Fitzgerald v.Supreme Court of Virginia · 1930
  2. Massanetta Springs Summer Bible Conference Encampment v. KeezellSupreme Court of Virginia · 1933

3Cited by15 opinions

  1. Thomas v. BryantSupreme Court of Virginia · 1946
  2. Goetz v. Old National Bank of MartinsburgWest Virginia Supreme Court · 1954
  3. Fletcher v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1949
  4. Allaun v. First & Merchants National BankSupreme Court of Virginia · 1949
  5. Sweet Briar Institute v. ButtonDistrict Court, W.D. Virginia · 1967

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