Jameson v. Jameson's Adm'x

Citations

• 86 Va. 51
• 3 L.R.A. 773
• 9 S.E. 480
• 1889 Va. LEXIS 7

Syllabus

<p>1. Wills—Bequests—Construction.—Testator bequeathed a legacy in trust “ for his daughter E. for life, and after her death to be equally divided amongst her surviving children and the issue of such as may be dead, such issue taking per stirpes and not per capita,” etc. During her life time, and after testator’s decease, one of her sons died, leaving one daughter, who also died during E.’s life time without issue, but leaving as her sole distributee her mother: held, under the will the issue of E.’s children took as original legatees and not by substitution to the rights of their deceased parent, as the vesting of the remainder in the children of E. or their issue depended on their surviving the testator, not E., and therefore the administratrix of the granddaughter of E. was entitled to share in the legacy.</p> <p>2. Appeal—Statutes of limitation.—To a decree that adjudicates the principles of the case, though interlocutory because it léaves something in the cause to be done by the court, an appeal lies, and to such decree the statutory period of limitation is inapplicable.</p> <p>3. Ideji—Case at bar— On bill to settle testator’s estate, construe his will, and compel payment of a legacy, there is a decree adjudging complainant entitled to a fixed sum of such legacy, and directing the cause to be proceeded with conformably to its views in order to collect the funds and pay the legacies, is an interlocutory decree, though appealable.</p>