Morgan v. Fisher's Adm'r
Supreme Court of Virginia
. Appeal from decree of circuit court of Ciarte county, entered January 1st, 1883, in the chancery causes of D. Fisher’s administrator against Francis E. Sowers’ administrator and others (other causes being heard therewith). And the defendants, Fannie M. Morgan, George K. Sowers, Hillary Burch and Elizabeth Burch, his wife, being aggrieved by the said decree, obtained from it an appeal and supersedeas. In 1840 Geo.
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. Appeal from decree of circuit court of Ciarte county, entered January 1st, 1883, in the chancery causes of D. Fisher’s administrator against Francis E. Sowers’ administrator and others (other causes being heard therewith). And the defendants, Fannie M. Morgan, George K. Sowers, Hillary Burch and Elizabeth Burch, his wife, being aggrieved by the said decree, obtained from it an appeal and supersedeas. In 1840 Geo. K. Sowers departed this life, leaving a will, which is as follows: “I, George K. Sowers, of the county of Clarke, Virginia, make this my last will and testament: that all my…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion of the court.
There is no doubt or difficulty as to the interpretation of the will. By its plain provisions the widow undoubtedly took an estate for her widowhood, with power, in case she remained the testator’s widow, to divide the estate among the children, in Such proportions as she might see proper, either in her lifetime or by her last will and 'testament. And it is equally certain that she took the estate subject to the rights of creditors (Code 1873, ch. 127, sec. 3), and also affected by a trust for the benefit of the children.…
2Cases cited6 opinions
- Badger v. BadgerSupreme Court of the United States · 1865
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Lamar's Ex'or v. HaleSupreme Court of Virginia · 1884
- Effinger v. HallSupreme Court of Virginia · 1885
- Perkins v. LaneSupreme Court of Virginia · 1886
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3Cited by6 opinions
- Staples' Ex'ors v. StaplesSupreme Court of Virginia · 1888
- Donaldson v. LevineSupreme Court of Virginia · 1896
- Swineford v. Virginia Trust Co.Supreme Court of Virginia · 1930
- Shelby v. CreightonNebraska Supreme Court · 1902
- Garland's Adm'r v. Garland's Adm'rSupreme Court of Virginia · 1896
1 more not listed; retrieve them via the Exa API.