Hood v. Haden

Citations

• 82 Va. 588
• 1886 Va. LEXIS 77

Syllabus

<p>1. Wills—Construction—Power of appointment.—H., by his will in 1869, says: “ I give my wife all my property in fee simple, to be held by her without division during her life, only using or dividing the income from crops or interest received at any time before her death; at her death to leave to our children such sums or portions as the circumstances then existing may, in her estimation, think it best to do.”</p> <p>Held :</p> <p>1. The corpus was to be held by her intact during her life, and divided at her death, not before.</p> <p>2. Her power of appointment could be executed only by her will.</p> <p>3. All appointments to take effect out of the corpus during her life, were void.</p> <p>4. Her power of appointment could not be delegated to another.</p> <p>5. She could appoint without allusion to her power of appointment, the act showing that the appointment was of the same subject over which her power was.</p> <p>6. She had but an estate for her life, with power of appointment to the specified objects.</p> <p>2. Rule in Shelley’s Case—Construction of statutes.—The statute essaying to abolish this rule, applies only where the grantor or testator is competent to, and does vest in the heir a remainder in fee-simple after an estate for the ancestor’s life. Code 1849, ch. 146, sec. 11.</p> <p>3. Wills—Power of appointment—Execution.—Mrs. H., by her will in 1879, in evident execution of her power under her husband’s will, says: “I devise to my son, R., the upper half of the home place, during his life, remainder to the lawful issue of his body forever. If R. die without such issue, he is hereby clothed with power to appoint one of my children or grandchildren as his devisee, and I give the upper half to such appointee”—</p> <p>Held :</p> <p>1. Delegation of power to R. was void.</p> <p>2. Power to appoint children did not authorize Mrs. H. to appoint others, and the appointment to R.’s issue did not vest the remainder.</p> <p>3. Statute essaying to abolish rule in She