Smith v. Fox's Adm'r

Citations

• 82 Va. 763
• 1 S.E. 200
• 1887 Va. LEXIS 143

Syllabus

<p>Wills—Construction—Separate estate—Children—Issue—Fee—Case at bar.—Testator devises land to his daughter, M. without limitation. She had been married 30 years, but had no children. By a later clause he directs that all property willed to his daughters should be held in trust by A. for the separate use of them and their children, &c.; and that the trustee, when notified by either of them of her desire to sell, should do so, and re-invest in same way—</p> <p>Held:</p> <p>1. “Children” must be construed as equivalent to “issue,” in order to effectuate the manifest intention of the testator, and M. takes a fee.</p> <p>2. Jus disponendi is incident to such an estate as M. held, and she could incumber it for her husband’s debts</p>