Turner v. Dawson

Citations

• 80 Va. 841
• 1885 Va. LEXIS 119

Syllabus

<p>1. Realty — Sale for partition — Proceeds.—Where court of equity causes land to be sold for partition, it leaves it to the party entitled to the proceeds, to designate whether he will hold them as personalty, or as realty. And when, for any reason, that party is incapable of making such designation, the court will hold them subject to all the incidents of realty.</p> <p>2. Idem — Case at bar.- — D.’s land was sold for partition, in suit for that purpose. One-third of proceeds was set apart for widow. D.’s daughter, A. was of age, unmarried, and a party to the suit, and afterwards married T., and, without having had issue, died in widow’s lifetime. After widow’s death, T. sued to recover share of A., his deceased wife, in the third — claiming it had been converted into personalty. There was no evidence that A., whilst sui juris, ever elected, or that any election for her in her lifetime, whilst she was non sui juris, had been made, that said third should be personalty.</p> <p>Held :</p> <p>1. Said third of proceeds of sale in D.’s land is realty.</p> <p>2. A.’s share passes to her next of kin.</p> <p>3. Her widower has no interest in it.</p>