Roseberry v. Moncure

In this appeal, we consider whether a provision in a will authorizes an executor to convey real property that has been disclaimed by a named beneficiary.

The relevant facts are not in dispute. Kate G. Woods, a resident of Stafford County, died testate on May 23, 1991. Her will was duly probated, and Thomas M. Moncure, Jr., qualified as executor of her estate.

Woods made certain gifts in her will and, in paragraph Fifth, she devised all of her real property, consisting of approximately 500 acres in Stafford County, to the Humane Society of the United States (HSUS) for the purpose of establishing…