Phillips v. Ferguson

Citations

• 85 Va. 509
• 1 L.R.A. 837
• 8 S.E. 241
• 1888 Va. LEXIS 62

Syllabus

<p>1. Wills—Equitable conversion—Lapsed legacy—Residuary legatee.— Money bequeathed to be invested in land is generally considered real estate. Yet where, by a breach of a condition precedent annexed to devise of lands, legatee takes nothing, the conversion fails to that extent, and such portion of the money goes to residuary legatee.</p> <p>2. Idem—Restriction of marriage—Condition precedent—Devise of lands— Personal bequest—Forfeiture.—Conditions precedent annexed to a devise must be observed, no matter how restrictive of marriage. Such condition annexed to a bequest is operative, if it be not a general and unreasonable restriction of marriage. Where prohibited marriage occurs before testator’s death, and any estate could vest under his will, no question of forfeiture can arise.</p> <p>3. Idem—Reasonable restriction—Family—Parol evidence.—A prohibition to marry into the family of a person named is reasonable and valid ; “ family” means one of the children of such person. Parol evidence is admissible to show who was the person referred to in the will. Senger v. Senger, 81 Va. 687.</p>