Brown v. Brown's

Citations

• 31 Va. 502

Syllabus

<p>In 1807 B and A entered irito a marriage contract wherein it is recited that with a view to secure to A her separate property and to provide for the issue of the marriage, &c., B covenants with trustees named, that after his just debts are paid, there shall be raised out of his estate the sum of ten thousand pounds current money, to be paid in preference to any voluntary disposition of his proprerty, whether by will or otherwise, and placed in the hands of said trustees for the purpose aforesaid, arid the further purpose of making a provision for the said A, the said money to be raised as soon as may be after the death of said B, and to be held by them in trust for the issue of said marriage, if there be any, to be held by them, if there be more than one, as tenants in common, with benefit of survivorship ; the said A to share the profits of said fund during her life, she taking a child’s part. B died in 1841 and A in 1843, leaving seven children of the marriage. B by his will made in 1841, referred to and confirmed the marriage contract, and left the whole of his estate to be equally divided among his seven children. Five of the children died before the estate of B was ready for distribution—Held :</p> <p>1. Looking to the deed arid the will that the intention of B was an equal distribution among his children ,• and this intention is not defeated by the use of the words “ With benefit of survivorship.”</p> <p>2. On the death of A the interest vested in the children, and the fund is to be divided among them and the children of those of them who have since died.</p>