Monk v. Geddes

(concurring) : I concur in the opinion of Mr. Justice Stabler reversing the order appealed from for the reasons stated by him, with this addition:

If the case of Addison v. Addison, 9 Rich. Eq., 58, had been decided after the Act of 1853 and had construed a will effective thereafter, it would have been a very persuasive authority in support of the Circuit decree in the case at bar.

The will in that case was dated in 1849 and the testator died in 1850, both events antedating the Act of 1853, Section 5323 of the Code, Vol. 3, which is as follows: “Whenever, in any deed or other instrument in…