Byrne & Wife v. Edmonds

Citations

• 23 Va. 200

Syllabus

<p>1. S., a married woman, makes her will under a power. On her death her -will is admitted to probate; and then a suit is brought to set it aside as not executed according to the power. It is set aside in the Circuit court; but upon appeal that decree is reversed, and a part of the will is established; and this is recited in the decree. In fact by some accidental mistake in printing the record in the court of appeals, the will is changed, so that a devise of land given, subject to pay an annuity to another, is given absolutely; the annuitant not being a party in the cause. A court of equity has jurisdiction on the ground of accident, to correct the error of the court of appeals, establish the true will, and enforce the payment of the annuity.</p> <p>2. The decree of the court of appeals was in 1857, and the bill filed in 1866, Under the circumstances of the ease and the condition of the country, the plaintiff is not barred of relief by the delay in bringing her suit.</p>