Sprinkle v. Haywort

Citations

• 26 Va. 384
• 26 Gratt. 384

Syllabus

<p>1. S and his wife P had no children, and it was understood and agreed' between them that the survivor should have all his property during the life of the survivor, and at his or her death it should be equally divided between his and her heirs and next of ldn. S made his will, by which he gave all his property, real and personal, to his wife P absolutely. He died in her lifetime, and she was so shocked at his death, that she was immediately paralyzed, and remained unconscious, until she died the day after he did. She died without having made, a will. Held :</p> <p>1. A court of equity will not enforce the agreement at the suit of the heirs and next of kin of S against the heirs and next of kin of P.</p> <p>2. In the absence of fraud on the part of a legatee, a court of equity will not enforce a parol charge upon his legacy.</p> <p>' 3. If it appeared from the evidence in the case, that S intended P should have entire control of the whole property during her life, and use as much of it as she chose to use, and that only what remained of it at her death was to be divided between his and her heirs and next of kin, the trust would not be enforced even if it had been in writing.</p>