Robinson v. Robinson

Citations

• 89 Va. 916
• 14 S.E. 916
• 1892 Va. LEXIS 128

Syllabus

<p>AVills—Construction—Case at bar.-—Testator left at his death widow and, two infant sons. By clause 4 of his will he said: “ I give to my children by her, and their descendants at their death, the remainder of my property,” &c. One of them died a minor, unmarried and without issue.</p> <p>Held :</p> <p>(1) The words of the devise are not words of limitation, vesting the inheritance in the sons, in whom they invest an estate for life only; but words of purchase, conferring a contingent remainder on their children.</p> <p>(2) One son having died a minor, unmarried and without issue, the contingent remainder to his children failed, and the inheritance passed to his brother.</p> <p>(3) The maternal kindred were entitled to no portion of the real estate devised as aforesaid to the decedent.</p>