Missionary Society of M. E. Church v. Calvert's adm'r
Supreme Court of Virginia
This case was heard at Staunton, but was decided in Richmond. It was a suit in equity in the circuit court of Frederick county, brought by Vm, L. Clark, administrator de bonis non with the will annexed of Jesse Calvert, deceased, against the widow of said Calvert and the Missionary Society of the Methodist Episcopal Church, a New York corporation, to have a construction of the will of his testator, and a settlement of his accounts.
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This case was heard at Staunton, but was decided in Richmond. It was a suit in equity in the circuit court of Frederick county, brought by Vm, L. Clark, administrator de bonis non with the will annexed of Jesse Calvert, deceased, against the widow of said Calvert and the Missionary Society of the Methodist Episcopal Church, a New York corporation, to have a construction of the will of his testator, and a settlement of his accounts. Jesse Calvert died in 1863, leaving a widow but no children, and leaving a will, which was admitted to probate in the county court of Frederick on the 4th of…
1Opinion of the CourtBurks, J.
Intention, it is often said, is the polar star to guide in the construction of wills, and when discovered effect must be given to it unless it violates some rule of law. The difficulty lies in the discovery of that intention where the instrument is obscure and ambiguous, as in the present case.
It does not appear who wrote the will of the testator, Jesse Calvert. It was probably written by himself. In framing it, the draftsmen, whoever he was, paid very little attention to the rules of grammar. To say nothing of the errors which abound in the orthography, every other word, upon an average, I…
2Cited by10 opinions
- Davis v. KendallSupreme Court of Virginia · 1921
- Farish v. WaymanSupreme Court of Virginia · 1895
- Brookover v. GrimmWest Virginia Supreme Court · 1937
- Trustees v. GuthrieSupreme Court of Virginia · 1889
- Brown's Guardian v. Strother's AdministratorSupreme Court of Virginia · 1903
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