Sutherland v. Sydnor
Supreme Court of Virginia
Appeal from decree of circuit court of the city of Petersburg, rendered June 12th, 1886, in the cause wherein Prank Sydnor, an infant by, etc., and ~W. 0. Sydnor, were complainants, and P. M. Sutherland, in his own right and as executor of Pendall M. Sutherland, deceased, and others, were defendants. The object was to construe the testator’s will. The construction being unfavorable to the defendants, they appealed from the decree.
1Opinion of the Court
Lewis, P.,
delivered, the opinion of the court.
The single question in this case involves the construction of so mu,ch of the third clause of the will of Fendall M. Sutherland, deceased, as is in these words: “I leave my two daughters, Ida E. and Mollie E. Sydnor, my homestead tract, containing 275 acres of land, more or less, during life. In ease of Ida Elizabeth’s death, without an heir, I wish her portion to revert back to Mollie E. Sydnor, or her living heirs or heir.”
The testator died in 1881, and his will was duly admitted to probate by the county court of Dinwiddie county, of which…
2Cases cited4 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Wootton v. Redd's ex'orSupreme Court of Virginia · 1855
- Hatcher v. HatcherSupreme Court of Virginia · 1885
- Senger v. Senger's Ex'orSupreme Court of Virginia · 1886
3Cited by17 opinions
- Coffman v. CoffmanSupreme Court of Virginia · 1888
- Neblett v. SmithSupreme Court of Virginia · 1925
- Estate of AnthonyCalifornia Court of Appeal · 1913
- Sherman v. ShermanCalifornia Supreme Court · 1897
- Thomas v. CopenhaverSupreme Court of Virginia · 1988
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