Effinger v. Hall

Citations

• 81 Va. 94
• 1885 Va. LEXIS 14

Syllabus

<p>1. Wills—Lost records—Copies—Evidence.—Original will and will-book having been destroyed, and a copy previously made from said will-book, and exhibited in a suit, having been withdrawn by leave and recorded under Code 1873, chapter 172, a copy from the copy thus recorded must be taken, prima facie, as a true copy of the will.</p> <p>2. Idem—Construction—Mistake—Correction—Case at bar.—Will directs sale of land after death of wife, and division of proceeds, the language being : “That said house and lots of land be sold by my executor and the proceeds thereof be divided into seven equal parts ; one-seventh of which I give to the children of my brother, Thomas Hall, who may be living.at the death of my wife ; one-seventh to the children of my brother, Bobert Hall, who may be living at the last mentioned time ; one-seventh to each of my brothers and sisters hereinafter mentioned, that is, Bobert, John, Edward, Mary Kyle, Jane Bogess and Diana.” The widow died in 1879. Suit was instituted in 1881 to construe the will and sell the land.</p> <p>Held :</p> <p>1. Testator intended to bequeath his property to eight persons or classes enumerated in his will. By manifest mistake the number of parts is styled “seven” instead of “eight,” and each part is styled “one-seventh” instead of “one-eighth.”</p> <p>2. Equity hath power to correct such a mistake, and it is its duty to do so.</p> <p>3. Legacy in Future—Statute of limitations—Laches.—Where legacy is limited upon a future event, cause of action cannot accrue, nor statute of limitation begin to run, nor laches be imputed, until such event occurs.</p> <p>4. Bona fide Possessors—Improvements—Compensation.—Persons who occupy lands under defective titles and make thereon permanent and beneficial improvements with notice, actual or constructive, of the infirmity of their titles, cannot, upon the recovery of said lands by the rightful owners, obtain compensation for said improvements. Means of notice, with the duty of using those