Fleming v. Kelly

Citations

• 83 Va. 10
• 1 S.E. 401
• 1887 Va. LEXIS 32

Syllabus

<p>1. Wills&emdash;Construction&emdash;Case at Bar.&emdash;Testator by his will gave to his-, mother $1,000 in cash and a life-interest in a certain house and lot; to his wife, besides what comes to her by right of dower, $2,000 in cash and his watch; to his daughter all the rest of his estate, real and personal. By codicil he revoked so much of his will as gave his mother the life-interest, and in lieu thereof gave her $250 per annum (to be paid from the money for which the house is rented) ; and directed that his. wife and daughter should occupy and control it, subject to said rental to be paid out of the personal or other estate of his wife.</p> <p>Held :</p> <p>The wife and daughter were entitled to occupy the house and lot during the continuance of the annuity to testator’s mother ; upon the death of his daughter, living his wife, the wife is entitled to-occupy it during the continuance of said annuity; after the cessation of the annuity by the death of his mother, the house and lot is to belong to the daughter under the will, or those claiming-under her, subject by law to the dower right of the wife, until that has been satisfied in full by the assignment of dower, as the law-directs, in this or other real estate of the testator.</p>