Leonard v. Leonard's Ex'or

Citations

• 78 Va. 248
• 1884 Va. LEXIS 3

Syllabus

<p>1. Wills-Construction.-Testator by sixth clause of his will says: “I give to my wife, for life, one-third of the net income of my estate, after allowing for interest on debts, &c., but not for quotas of principal on debts to banks, &c. If she thence receive less than $720 per annum, then the allowance is to be increased to that sum (out of the said net annual income), so long as said one-third net annual income is less than that sum, and provided she receives not under - this clause more than said net annual income, should the net annual income (entire) fall short of that sum per annum.”</p> <p>Held :</p> <p>This is not a bequest of a sum certain, but of a proportion of the net annual income, not to exceed #720, unless one-third of said net annual income be more, and not to be less than that sum, unless the whole net annual income should be less, but not to exceed the net annual income in any event.</p> <p>. 2. Idem-Idem-Codicil.-By codicil same testator says : “My wife having, since execution of my will, derived from her father’s estate an annuity of $1,000 for life, I revoke my will so far as it gives her more than one-third of the net annual income of my estate, provided she receives the said annuity from her father’s estate, or at least one-third thereof.”</p> <p>Held :</p> <p>This codicil provides that the wife should never receive under the sixth clause, more than one-third of the net annual income, whether less than $720 or not, unless the annuity falls short of #333-33 Per annum.</p>