Legal Opinion · Dissent

Old v. City of Norfolk

Supreme Court of Virginia

Decided November 24, 1941No. Record No. 2413Published

1DissentSpratley, J.

I am unable to agree with the opinion of the majority because their conclusion, as I see it, is based upon an erroneous construction of the terms of the trust deed as to the reserved rights of the grantor thereunder and a misapprehension of the facts in the case.

The first error is the holding that John R. Riddick retained the power to revoke the trust at his election.

The deed of April 1, 1921, conveyed the legal title to the property therein described to the trustee, with covenants of general warranty for the benefit of Lizzie V. Riddick “upon the following uses and trusts and none other…

2Cases cited3 opinions

  1. School Board of Stonewall District v. Patterson & MillerSupreme Court of Virginia · 1910
  2. Powers v. City of RichmondSupreme Court of Virginia · 1918
  3. Brophy v. CommonwealthSupreme Court of Virginia · 1922

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