Cole v. Cole

Citations

• 79 Va. 251
• 1884 Va. LEXIS 80

Syllabus

<p>1. Wills— Construction.—Little aid can be derived in the construction of wills from adjudged cases, as each case must be governed by its own particular facts and circumstances.</p> <p>2. Idem—Idem—Limitation after absolute estate.—It is a well settled rule of law, in the construction of wills, that an absolute power of disposal in the first taker renders a subsequent limitation repugnant and void. May v.Joynes, 20 Gratt. 692; Carr v. Effinger, 78 Va. 197.</p> <p>3. Idem—Idem—Idem—Case at Bar.—Testator said: ‘‘ I give to my wife all my estate during her lifetime, and at her death half of the real estate and half of the personal property that may be on hands to do with and as she may see proper, and the other half of my real estate and personal property to go to the heirs of my brother.” The widow claimed only the personalty in absolute right.</p> <p>Held :</p> <p>The words “ that may be on hands,” fairly construed, impliedly give to the wife the absolute disposal of the personalty at least, and the limitation over to the heirs of the brother is repugnant and void.</p>