Johnson's Adm'r v. Citizens Bank

Citations

• 83 Va. 63
• 1 S.E. 705
• 1887 Va. LEXIS 39

Syllabus

<p>Wills—Construction—Case at Bar—By her will, J. gave two-thirds of her estate to her son E. and the rest to her son P. By codicil she directed that if coal be discovered on E.’s land, P. should have one-third of the profits in fee, and vice versa; and that should either son die without will or lawful issue, the survivor should heir the property of the deceased son. E. died without will or issue.</p> <p>Held :</p> <p>1. This will was construed in Randolph v. Wright, 81 Va. 608, and is res judicata.</p> <p>2. Each son took a defeasible fee in the lands devised to him, coupled with power of appointment by will, with remainder over to the survivor, and E.’s fee having been defeated by his death without issue living at his death, and having failed to appoint by will, the remainder to P. is good.</p> <p>3. This applies to all the lands devised to the sons, including what is called the “ Chesterfield land,” as well *!s the “ Richmond land.”</p> <p>4. No coal having been discovered in any of said lands, no controversy can arise respecting profits therefrom.</p>