Bowen v. Bowen

Citations

• 87 Va. 438
• 12 S.E. 885
• 1891 Va. LEXIS 89

Syllabus

<p>1. Wills—Construction—Fee simple—Repugnancy—Case at bar.—In interpreting wills, whole instrument must be considered. And where, considering thé whole, it appears that legatee is given the right not only to possess and enjoy, but to sell all of the property bequeathed: held, an absolute estate is intended and limitation over of any part remaining, at her death, is void for repugnancy. Sail v. Palmer, ante p. 354.</p> <p>2. Cases Distinguished—Johns v. Johns and Miller v. Porterfield, 86 Ya., p. 333 and page 876, respectively, are not in conflict with case at bar. The first is distinguished by the fact that the power of disposal was not absolute in the first taker for her sole benefit, but also for the benefit of her children. The second, by the fact that the gift was not for the benefit of the first taker alone, but also of a named beneficiary. •</p>