Stinson ex'or v. Day
Supreme Court of Virginia
James Stinson senior, late of Shenandoah county, died in the year 1830, having duly made and published his last will and testament, bearing date the 10th of January 1825, by the sixth clause whereof he devised as follows: “ Sixthly, I give and bequeath to my daughter Anna Roy, late Stinson, and her heirs, Wiley S. Roy included, two tracts of land, viz. the one is the tract that was conveyed to me by William, Roy by deed bearing date the 30th day of December 1817, lying on…
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James Stinson senior, late of Shenandoah county, died in the year 1830, having duly made and published his last will and testament, bearing date the 10th of January 1825, by the sixth clause whereof he devised as follows: “ Sixthly, I give and bequeath to my daughter Anna Roy, late Stinson, and her heirs, Wiley S. Roy included, two tracts of land, viz. the one is the tract that was conveyed to me by William, Roy by deed bearing date the 30th day of December 1817, lying on the north side of the South river; the other tract lying on the opposite or east side of said river, a small distance…
1Opinion of the CourtBaldwin, J.
This is an awkward and obscure devise, but it has a key to it, which I think will unlock the testator’s meaning. That key is to be found in the condition of this daughter, and the provision which a father would be naturally disposed to make for a child in her circumstances. She was the wife of an improvident husband, and the mother of a large, and, it may have been, increasing family of children; some of them of tender years ; and of two who had attained maturity, one was a married daughter, and the other a son who had set out in life and was managing for himself. The testator, in making a…
2Cited by4 opinions
- Honaker Sons v. DuffSupreme Court of Virginia · 1903
- Walke & Wife v. MooreSupreme Court of Virginia · 1898
- Tyack v. BerkeleySupreme Court of Virginia · 1902
- Price v. PriceWest Virginia Supreme Court · 1910