Fontaine's Adm'r v. Thompson's Adm'r

Citations

• 80 Va. 229
• 1885 Va. LEXIS 60

Syllabus

<p>1.Wills — Devise—Valid as to class — Void as to individuals. — “Item. I give to my brother W. all the residue of my estate, to be held by him in trust, and to be distributed among my next of kin who may be needy, in such proportions and at such times as in his opinion may be best; and I do authorize him to so dispose of my estate either in kind, or to sell and convert into money.” W. was named as executor in the will, but died before qualifying. The administrator d. b. n. c. t. a. brought suit to construe the will.</p> <p>Held :</p> <p>1. The devise is valid as to the class, “the next of kin,” but invalid for uncertainty as to the individuals to be selected “the most needy.\</p> <p>2. The residue of the estate must be divided among the next of kin according to the statute of descents and distribution.</p> <p>3. W. is entitled to share in that residue as one of “ the next of kin.\</p>