Hooe v. Hooe
Supreme Court of Virginia
. This was an action of ejectment in the Circuit court of King George county, brought by the infant chidren of George Mason Hooe, by their next friend, against George Anna S. Hooe, to recover two tracts of land, called Dissington and Freidland. The plaintiffs claimed under a devise to their father from his father, Alexander S. Hooe. The defendant was the only remaining unmarried daughter of the testator.
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. This was an action of ejectment in the Circuit court of King George county, brought by the infant chidren of George Mason Hooe, by their next friend, against George Anna S. Hooe, to recover two tracts of land, called Dissington and Freidland. The plaintiffs claimed under a devise to their father from his father, Alexander S. Hooe. The defendant was the only remaining unmarried daughter of the testator. Alexander S. Hooe died in October 1835, having made his will in the previous August; which contained a single devise, as follows: “I give the use and profits of all my estate, real and…
1Opinion of the CourtLee, J.
This case turns upon the construction of the will of the late Alexander S. Hooe of King George.
For the plaintiffs it is contended that the devise of the lands called “ Dissington” and “Freidland” to the testator’s son George M. Hooe, operates to except them out of the estate the uses and profits of which had in the first clause of the will, been devised to the daughters who might remain unmarried. Or, if this *247be not so, that there is an incurable repugnancy between the devise to the daughters and that to George M. Iiooe the effect of which is that the latter operates as a revocation pro lanto…
2Cases cited5 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Andrews v. King CountyWashington Supreme Court · 1890
- Haas v. GaddisWashington Supreme Court · 1890
- Wootton v. Redd's ex'orSupreme Court of Virginia · 1855
- Cook v. HolmesMassachusetts Supreme Judicial Court · 1814
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