Legal Opinion

Lewis v. Henry's ex'ors

Supreme Court of Virginia

Decided March 16, 1877PublishedCited by 10 opinions

In October 1872 Edward W. Henry, Sen., of the county of Charlotte, departed this life, having made his will and a codicil thereto, which was duly admitted to probate in the county court of Charlotte, and Edmund W. Henry, Jr. and James T. Buster qualified as executors thereof.

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In October 1872 Edward W. Henry, Sen., of the county of Charlotte, departed this life, having made his will and a codicil thereto, which was duly admitted to probate in the county court of Charlotte, and Edmund W. Henry, Jr. and James T. Buster qualified as executors thereof. By the second clause of his will the testator gave to-his son, Edward W. Henry, a tract of land which is set out by metes and bounds, for his life; and at his death it was to be divided amoDg his children by his then present wife. Testator gave also to his said son all testator’s stock of horses, mules, hogs and sheep,…

1Opinion of the CourtChristian, J.

Two questions arise in this case for our consideration. Both depend upon the true construction to be given to the will of the testator, Edward W. Henry.

*198They arise under the third and fourth clauses of said will, and under the codicil executed several ' months after the date of the will.

In the first clause of his will the testator provides for the payment of his debts. In the second clause he gives to his son, Ed. W. Henry, a tract of land set .out by metes and bounds and certain personal property. Then follow the third and fourth clauses in these words:

“ 3d. I give and bequeath to my…

2Cited by10 opinions

  1. Trailsend Land Co. v. Virginia Holding Corp.Supreme Court of Virginia · 1984
  2. Peoples Pleasure Park Co. v. RohlederSupreme Court of Virginia · 1909
  3. In re Estate of RohrbaughFairfax County Circuit Court · 2010
  4. Hunter v. HunterSupreme Court of Virginia · 2020
  5. Omega Corp. of Chesterfield v. MalloySupreme Court of Virginia · 1984

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