Gallagher v. Rowan's Adm'r

Citations

• 86 Va. 823
• 11 S.E. 121
• 1890 Va. LEXIS 48

Syllabus

<p>Wills—Construction—Case at bar.—Testator willed “The Grange” to M. “and her heirs forever,” and if she die without issue it should be sold and one-half of the proceeds be given to “ the cause of domestic and foreign missions,” and the other half to certain relatives. By residuary clause he wills all his remaining estate to M. She died without issue, C., her husband, surviving: held, 1. M. took a defeasible fee in “The Grange.” 2. The direction to sell it upon the failure of her fee therein converted it into personalty. 8. The legacy to the missions was void for uncertainty. 4. The half of proceeds given the missions went into the residuary fund, and to 0. as husband and sole distributee of M.</p>