Todd v. McFall
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Augusta county pronounced July 29, 1897, in the chancery cause of lodd v. lodd’s Rx’or and others, on a petition therein filed wherein appellants were the petitioners, and appellee was the defendant.
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Appeal from a decree of the Circuit Court of Augusta county pronounced July 29, 1897, in the chancery cause of lodd v. lodd’s Rx’or and others, on a petition therein filed wherein appellants were the petitioners, and appellee was the defendant. The will construed in this cause was in the words and figures following, to-wit: uKnow All Men by these Presents: “ That I, Preston Todd, of Augusta county, Yirginia, being of sound mind and disposing memory, and mindful of the uncertainty of human life, and thankful to God for the worldly goods I am possessed of, do make and declare this my last will…
1Opinion of the CourtRiely, J.
This case presents for decision the single question, whether the legacies to Catherine McFall are a charge upon the real estate devised to James Todd and Rankin Todd.
It is universally conceded that as a general rule the personal estate is not only the primary, but the only fund for the payment of legacies. It is equally a general rule that the real estate is not chargeable under the law with their payment, if the personal estate proves insufficient, unless the testator has charged the land with their payment. This he may do either in express terms or by implication, but his intention to do so…
2Cases cited5 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
- Elliott v. CarterSupreme Court of Virginia · 1853
- Lee v. LeeSupreme Court of Virginia · 1892
- Wood v. Sampson's ex'orSupreme Court of Virginia · 1875
3Cited by21 opinions
- Neblett v. SmithSupreme Court of Virginia · 1925
- Marcy v. GrahamSupreme Court of Virginia · 1925
- Peatross v. GraySupreme Court of Virginia · 1943
- Brown v. HargravesSupreme Court of Virginia · 1957
- Davis v. DavisSupreme Court of Virginia · 1924
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