Bolling v. Bolling

Citations

• 88 Va. 524
• 14 S.E. 67
• 1891 Va. LEXIS 66

Syllabus

<p>1. Wills of Personalty — Lex domicilii. — It is a rule of the common law that wills of personal property are to be construed according to the law of the place of testator’s domicile, wheresoever the judicial inquiry may he made as to its meaning, and there is nothing in Code 1860, ch. 110, \\ 4, amended by acts 1865-66, p. 166 (Code 1887, § 2270), indicating an intention to abrogate or change it.</p> <p>2. Idem — Provision in lieu■ of dower — Case at bar. — Where a testator, domiciled in New York, bequeathed personal property to his wife, but made no disposition of his realty in Virginia, and there is no incompatibility between her claim for dower and her claim to the provision, the testator’s intention must be construed according to the law of Now York, which is, where there are no express words, there must be on the face of the will a demonstration of the testator’s intent that the widow shall not take both dower and the provision.</p>