Pettyjohn's Ex'or v. Woodroof's Ex'or

Citations

• 77 Va. 507
• 1883 Va. LEXIS 85

Syllabus

<p>1. Wills—Construction—Limitation on failure of issue—Remaindermen— Case at bar.—P., dying in 1822, by bis will divides his estate between his six children and his grandson, W., giving each one-seventh, and providing that W.‘s share should be under management of trustees, for his use until he shall reach twenty-one years of age, or marry, and that in case W. die leaving no issue of his body, his share and its increase shall go to testator’s six children, or their representatives. W. never married, but reached twenty-one years of age, received his share, and died in 1875, without issue of his body, leaving a large estate.</p> <p>Held:</p> <p>1. W. took a life estate in his share, remainder to P.’s children, or their representatives, contingent upon W.’s dying without issue of his body; W.’s estate is liable for all the property so received by him.</p> <p>2. If any of said property remained in kind at his death, it passes in kind to remaindermen. If he had converted any, his estate is liable for its value, with interest from his death. But for such slaves as died or were emancipated in his possession, his estate is not liable. For the proceeds of such slaves as he may have sold, his estate is liable, notwithstanding their subsequent emancipation.</p> <p>3. Remaindermen’s claim is not barred by the statute of limitations. They had no cause of action until W.’s death. That occurred in 1875. Their suit was brought in 1877.</p> <p>4. They had no vested right in the slaves or other property, until death of life tenant without issue; and before that event they cannot be held to have acquiesced in any act concerning same; and no charge of laches can attach to them.</p> <p>5. The policy of the law-concerning the speedy and absolute vesting of estates, has no application to this case. The terms of the will were within the policy of the law.</p>