Land v. Otley
Court of Appeals of Virginia
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.
Read the full summary
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
- Powell v. HollandSupreme Court of Virginia · 1983
- Lessee of Perkins v. DibbleOhio Supreme Court · 1841
- McCamant v. NuckollsSupreme Court of Virginia · 1888
- Graham v. GrahamWest Virginia Supreme Court · 1870
- Wallace v. Dold's ex'orsSupreme Court of Virginia · 1831