Phillips v. Ferguson
Supreme Court of Virginia
Appeal from decree of circuit court of city of Petersburg, rendered June 14th, 1887, in a suit wherein William T. Phillips and Ellen O. Phillips, his wife, were complainants, and Margaret E. Ferguson, in her own right and as executrix of E. T. Ferguson, deceased, and others, devisees and legatees under the decedent’s will were defendants. The object of the suit was to have the will construed and the estate administered.
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Appeal from decree of circuit court of city of Petersburg, rendered June 14th, 1887, in a suit wherein William T. Phillips and Ellen O. Phillips, his wife, were complainants, and Margaret E. Ferguson, in her own right and as executrix of E. T. Ferguson, deceased, and others, devisees and legatees under the decedent’s will were defendants. The object of the suit was to have the will construed and the estate administered. It was instituted in the circuit court of Greensville county and removed to the circuit court of the said city. The testator, after providing in his will for his widow, and…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
1. It is clear, as the circuit court held, that, for the purposes of the will, so far as the female appellant is concerned, the money directed by the fourth clause to be laid out in land must be considered, upon the principle of equitable conversion, as real estate. Craig v. Leslie, 3 Wheat. 563; Pratt v. Taliaferro, 3 Leigh, 419; Effinger v. Hall, 81 Va. 94, and cases cited. Inasmuch, however, as we are also of opinion that she takes nothing under the will (save the legacy of three dollars), the object of the conversion, to that extent, fails, and…
2Cases cited8 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Colton v. ColtonSupreme Court of the United States · 1888
- Mann v. MannNew York Court of Chancery · 1814
- Effinger v. HallSupreme Court of Virginia · 1885
- Hatcher v. HatcherSupreme Court of Virginia · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Tomlyanovich v. TomlyanovichSupreme Court of Minnesota · 1953
- Fifield v. Van Wyck'sSupreme Court of Virginia · 1897
- Girard Trust Co. v. SchmitzNew Jersey Superior Court Appellate Division · 1941
- Gallagher v. Rowan's Adm'rSupreme Court of Virginia · 1890
- Gordon v. GordonMassachusetts Supreme Judicial Court · 1955
17 more not listed; retrieve them via the Exa API.