Sutherland v. Sydnor

Citations

• 84 Va. 880
• 6 S.E. 480
• 1888 Va. LEXIS 159

Syllabus

<p>1. Wills—Construction—-Intention.—Effect must be given to the testator’s intention if discernable and lawful. But it must be expressed and with legal certainty, else the heir at law must prevail. Hatcher v. Hatcher, 80 Va., 169.</p> <p>2. Idem—Estate of devisee—Case at bar.—Testator devised land to his two daughters, I. and M., in case of I.’s death without an heir, her portion to revert to M., or her living heirs or heir. M. died first, leaving a son, then I. died without issue:</p> <p>Held :</p> <p>M. took a life estate. The expressions in the will, “ having disposed of what I have,” and speaking of a devise to his son as “ his portion of my estate,” do not alter the case.</p>