Taliaferro v. Day

Citations

• 82 Va. 79
• 1886 Va. LEXIS 12

Syllabus

<p>Wills—Construction—Case at bar.—Property was bequeathed to L. for her life, with power to apportion same at her discretion, between T. and D. By her will, L. provided thus: “Said property I leave to T. and D.” (D. was then a child aged two years). “When this child is old enough to be sent to school, I wish T. to educate and give her $5,000 as her portion.” T. accepted the bequest, but did nothing towards fulfilling the charge until D. was ten, when, by, &c., she brought her bill for construction of the will and payment of what she was entitled to under it. She was a non-resident, but had a guardian in this State, where the property is. An account was directed of the amounts coming to her for her portion and education, and of the time when they bore interest. Report shewed that her education should begin at five and continue till she was eighteen, and that $216 from five to ten, and $226 from ten to eighteen years of age, should be allowed her annually for education, and that the property bequeathed to T. was worth $14,230. Upon T.’s exceptions—</p> <p>Held :</p> <p>1. The value of the property is immaterial. T. accepted the bequest cum onere.</p> <p>2. Directing the account and the payment of a moderate sum to the domestic guardian for immediate educational purposes, before in terms construing the will, was not improper, but was, in effect, a partial construction.</p> <p>3. From five to eighteen is the scholastic period fixed by the general free school system of the State, and is reasonable.</p> <p>4. D.’s portion became payable and interest-bearing on the day of her arrival at five years of age, and her annual allowances for education, respectively, on that same day and on each successive anniversary thereof, until her arrival at eighteen years of age. •</p>