Banks v. Cornelison

Opinion op the Court by

Judge Nunn

— Affirming.

Benjamin Lindsey Banks, Jr., died in infancy and without issue, having title to a house and lot worth about $8,000 in the city of Richmond. It came to .him by devise, or by descent from one of his parents. This is a contest between his paternal grandparents, who were the plaintiffs below and appellants here, and the appellees, who are the brothers and sisters of his mother. The appellants claim that the child took the property by descent from his father, while the appellees claim. *794that the child took it by devise, or as a substituted devisee, under…