Steele v. Levisay
Supreme Court of Virginia
At the June term of the County court of Augusta in 1835, the will of Samuel Steele, junior, was admitted to probat, and Frances Steele his widow, who - was named executrix therein, qualified as such. The second, third and fourth clauses of the will are as follows : “ 2d.
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At the June term of the County court of Augusta in 1835, the will of Samuel Steele, junior, was admitted to probat, and Frances Steele his widow, who - was named executrix therein, qualified as such. The second, third and fourth clauses of the will are as follows : “ 2d. Having implicit confidence in my beloved wife Frances Steele, and knowing that she will distribute to each of my children in as full and fair a manner as I could, I hereby invest my said beloved wife Frances with the right and title of all my property, both real and personal, to dispose of to each of my children, in any way…
1Opinion of the CourtDaniel, J.
The main questions to be considered are: First, whether the will of the testator confers upon his wife Frances the power to sell the real estate ? And if so, secondly, whether the purchaser is bound to see to the application of the purchase money ?
The second clause of the will, taken apart from the other provisions, seems to me to indicate a design on the part of the testator, to leave his wife, after his death, clothed with all the control over his estate which he had himself enjoyed in his life time, subject only to the restriction that his children, as a class, should become ultimately the…
2Cited by2 opinions
- Redford v. ClarkeSupreme Court of Virginia · 1902
- Thrasher v. BallardWest Virginia Supreme Court · 1891