Foley v. Harrison's Ex'or

Citations

• 84 Va. 847
• 6 S.E. 144
• 1888 Va. LEXIS 155

Syllabus

<p>1. ’Wins—Construction—Estate—Case at bar.—Testator gave all bis estate, except his lands and certain furniture, in certain shares to certain legatees, and in case of death of any and their children without heirs of their bodies, their shares to revert to the survivors, and gave all yearly interest and dividends on certain stocks and bonds, to said legatees, and closed with the words: “ When my estate must, under the laws of Virginia, and of this my will, be closed, I wish all to be divided as I herein and hereby provide for the division of my estate in the meantime</p> <p>Held :</p> <p>To the said legatees is given an absolute interest in all the property save as accepted.</p> <p>2. Idem—Distribution—Equalization—Case at bar.—By consent decree certain uncollected assets were d; ided in kind according to a scheme in master’s report. Later, certain uebts not embraced in that scheme, -were collected and distributed by the court, regard being had to losses under first distribution, so as to equalize the shares: held, Proper; equality is equity.</p>