Lockhart v. Vandyke
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Tazewell county, pronounced December 13, 1898, in a suit in chancery, wherein the appellee was the complainant, and the appellants were the defendants. Reese Vandyke died in May, 1889, having first made and published his last will and testament. By the third clause of his will he declares “ I give and bequeath unto my two sons, to-wit: Charles and Henry P. Yandyke, all of the land I now reside on.”
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Appeal from a decree of the Circuit Court of Tazewell county, pronounced December 13, 1898, in a suit in chancery, wherein the appellee was the complainant, and the appellants were the defendants. Reese Vandyke died in May, 1889, having first made and published his last will and testament. By the third clause of his will he declares “ I give and bequeath unto my two sons, to-wit: Charles and Henry P. Yandyke, all of the land I now reside on.” Charles died in the life-time of the testator “ a single man, and without children.”’ Shortly after the death of the testator, H. H. Lockhart and…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
The matters presented for consideration in this record are as follows: Henry P. Yandyke, an infant sixteen years of age, suing by his next friend, filed his bill in the Circuit Court of Tazewell county, in which he avers: That Reese Yandyke died after having made his will, the third clause of which is as follows: “I give and bequeath unto my two sons, to wit, Charles and Flenry P. Yandyke, all of the land I now reside on; ” that upon the death of the testator, his will was duly probated; that Charles, one of the devisees, died in the lifetime of…
2Cases cited2 opinions
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- Hoke v. HokeWest Virginia Supreme Court · 1878
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