Legal Opinion

Land v. Otley

Court of Appeals of Virginia

Decided May 22, 1826PublishedCited by 5 opinions

This was an appeal from the Chancery Court of Williamsburg. The case was this: Thomas Calvert died in the year 1813, leaving a will dated in 1808, at which time he had a daughter named Polly, and the prospect of another child. At the time of his death, both children were under age. The child after-wards born, in 1809, was called Thomas. He left also a widow, named Kezia. JpThis controversy grew out of the construction of the will.

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This was an appeal from the Chancery Court of Williamsburg. The case was this: Thomas Calvert died in the year 1813, leaving a will dated in 1808, at which time he had a daughter named Polly, and the prospect of another child. At the time of his death, both children were under age. The child after-wards born, in 1809, was called Thomas. He left also a widow, named Kezia. JpThis controversy grew out of the construction of the will. In the first clause, he gives to his daughter Polly, i{ now an infant, the whole of my personal and real estate, be it more or less; provided my wife, Kezia…

1Opinion of the Court

Judge Carr,

This case turns wholly on the construction of Calvert’s will. The will was made in 1808, when he had a daughter about 15 months old, and theprospect of another child. That child, a son, was born in 1809. The testator died in 1812; his daughter in 1813 or 1814; his wife administered on his estate; intermarried with the appellee Otley, and in 1815, died. Administration de bonis non was committed to the appellant, as Sheriff. Otley delivered up to him all the estate; and afterwards filed this bill against him and the infant son of Calvert, claiming, that by the will, his wife had the…

2Cited by5 opinions

  1. Powell v. HollandSupreme Court of Virginia · 1983
  2. Lessee of Perkins v. DibbleOhio Supreme Court · 1841
  3. McCamant v. NuckollsSupreme Court of Virginia · 1888
  4. Graham v. GrahamWest Virginia Supreme Court · 1870
  5. Wallace v. Dold's ex'orsSupreme Court of Virginia · 1831

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