Hurt v. Brooks

Citations

• 89 Va. 496
• 16 S.E. 358
• 1892 Va. LEXIS 125

Syllabus

<p>1. Wills—Construction—General intent.—Where there is a manifest general intent, the construction should be such as to effectuate it, though thereby some particular or subordinate intent may be defeated, or the literal import of the words be departed from.</p> <p>2. Idem—Case at bar.—Testator, after giving certain property to his son A, then added: “ This property, thus specified by me, and given to my son A, during his natural life, at his death I give and bequeath the same to his children, lawfully-begotten heirs of his body, and their descendants, if he should have any to die, leaving children, during his natural life.” The general intent of the will was to make the shares of testator’s children equal, and to limit the property devised and bequeathed to A and to the other children to the natural life of each. In the will there were particular words which might raise a presumption of a fee simple estate in A.</p> <p>Held :</p> <p>Those particular words were controlled by the general intention that A should take an estate for life only, with remainder to his children.</p>