Hatcher v. Hatcher

Citations

• 80 Va. 169
• 1885 Va. LEXIS 53

Syllabus

<p>1. Wills — Codicils—Republication.—Upon a paper, whereon there was writing- dated 1858, and purporting to dispose of H.’s property, but without signature or attestation, H., in 1864, wrote another instrument, with the caption “Codicil to the above will,” which instrument was duly executed and attested.</p> <p>Held:</p> <p>The execution of the codicil effects the republicátion of the will, and brings the latter down to the date of the codicil, so that both speak as of the same date. Corr v. Porter, 33 Gratt. 278.</p> <p>2. Idem — Rules of construction. — See opinion for some of these rules.</p> <p>3. Idem — Construction—Case here. — Testator had five daughters. To each of the three married ones, in his lifetime, he gave two slaves, and confirmed the gift by will of 1858, by which he gave each of his two unmarried daughters, L. and F., two slaves, provided for equal distribution of his other estate, and added: “ If anything should happen to the negroes named for L. and F. before they get fully in possession of them, I wish said loss made up to each of them, as I wish to make all my children equal in the division of my estate.” By codicil of 1864 he adds: “ I wish, at the close of the war, the property not already devised, with the exception of the land and negroes, to be equally divided among my children. The negroes to be hired out, with the exception of Nelly and Henry, who I wish to remain on the farm, and aid in supporting my daughters L. and F. while unmarried, it being my wish that they shall have the farm and the two negroes above named to support theta on it, while unmarried, till the year 1871.”</p> <p>Held :</p> <p>1. The loss of the slaves, by emancipation, is within the intention of the testator, and L. and F. are entitled to be compensated for the loss.</p> <p>2. L. and F. are entitled to a support, and nothing more, while unmarried, from the farm.</p>