Wagg v. Mickelwait

BECKER, Justice.

This is a will construction case. On application of the executor the trial court construed the will in favor of the estate of testator’s wife. Testator’s legal heirs appeal. We affirm.

On July 27, 1966 Curtis Wagg and wife Mary were involved in an automobile accident which resulted in the death of both spouses. Mary outlived Curtis by about an hour and forty-five minutes.

The couple had been married over thirty years but had no children. At death the principal asset of Curtis Wagg’s estate was a 180 acre farm in Louisa county which had been in the Wagg family since his…