Legal Opinion

Ball v. Payne

Supreme Court of Virginia

Decided November 9, 1827PublishedCited by 10 opinions

This was an ejectment brought in the Superior Court of Laneasc'aster County, by Ball against Payne. The question between the parties, depended on the construction of a clause in the Will of Jas. TP. Ball. The Superior Court gave Judgment for -the Defendant, upon a special verdict found by the Jury, and the Plaintiff appealed.

1Opinion of the Court

Judge Cahji

delivered his opinion.*

This case depends upon the construction of the following words in the Will of James W. Ball: “ At the death or man-iage of my wife, I give unto my son Cyrus Ball, the use of all the remainder* of my lands that I possess in the County of Lancaster, during his life, and in case he should have heirs lawfully begotten, that he shall or may dispose of the said land, to either or amongst the said heirs, as he shall think proper; but in case that my son should die without such heirs, then my Will is, that the said lands be equally divided amongst my daughters. ” The…

2Cited by10 opinions

  1. Hood v. HadenSupreme Court of Virginia · 1886
  2. Callis v. KempSupreme Court of Virginia · 1854
  3. Griffith v. ThomsonSupreme Court of Virginia · 1829
  4. Pournell v. HarrisSupreme Court of Georgia · 1860
  5. Callis v. KempSupreme Court of Virginia · 1854

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