Coffman v. Coffman
Supreme Court of Virginia
Argued at Staunton, decided at Bichmond. Appeal from decree of circuit court of Bocbingham county, rendered October 12th, 1887, in the proceedings had therein for the admission to probate of the instrument hereinafter set forth as the last will and testament of Hiram Coffman, deceased, and to determine its true construction and effect. The question below was, whether the instrument was the true last will and testament of the decedent.
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Argued at Staunton, decided at Bichmond. Appeal from decree of circuit court of Bocbingham county, rendered October 12th, 1887, in the proceedings had therein for the admission to probate of the instrument hereinafter set forth as the last will and testament of Hiram Coffman, deceased, and to determine its true construction and effect. The question below was, whether the instrument was the true last will and testament of the decedent. The circuit court decided that it was, whereupon William H. Coffman, the contestant, obtained an appeal to this court. The instrument in controversy is as…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
A will is defined to be the disposition of one’s property to take effect after death. Bouv. Law Die. Or, as was said by Judge Bichardson in Carr v. Effinger, 78 Va. 197, 202, “a will is an instrument for the sole purpose of disposing of one’s property.” Therefore, to sustain the decree of the circuit court in this case, two things must be implied from the paper in question: (1.) That the decedent intended it as a disposition of his property, to take effect at his death; and (2) that he meant to leave, and did leave, the whole of his estate to those…
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