Withers' Adm'r v. Sims

Citations

• 80 Va. 651
• 1885 Va. LEXIS 105

Syllabus

<p>1. Practice in Chancery — Multifariousness.—A bill brought to obtain á construction of a will and the recovery of property held by several persons by titles derived under the same will, is not multifarious.</p> <p>2. Idem — Jurisdiction—Remedy at law. — Bill in equity will nor lie merely to save necessity of several actions of ejectment. But where the title of all the parties to the property in controversy depends upon the construction to be given to the will, a bill will be entertained to construe the will and settle the title of several parties to the property at the same time.</p> <p>3. Idem — Res judicata — Parol evidence. — Where judgment or decree is relied on as estoppel, and pleadings and proceedings in former suit leave it doubtful what was the issue, or state of facts whereon the judgment or decree was rendered, parol evidence is admissible in subsequent suit to show what was actually in issue and determined by former suit.</p> <p>4. Idem — Res judicata — Estoppel.—AM matters presented and received, or presentable to sustain the particular demand litigated in prior suit, and all matters presented or presentable under the issue to defeat such demand, are concluded by the judgment or decree in the former suit.</p> <p>5. Wills — Construction — Res judicata — Case at bar.— In 1871, testator willed property to be held by his executors in trust forG. and E., until they respectively arrive at twenty-one, or marry; if either die without lawful issue, then the whole to be held for the survivor until twenty-one; and if survivor be twenty-one at time of such death, then the whole to go to him ; but should both die without lawful issue, then the whole to revert to testator’s estate. Executors declining, B. qualified as administrator c. t. a. In 1872, G. and E., still minors, brought their bill against administrator c. t. a. and testator’s children, reciting the will and praying the court to decide if the trusts in the will devolved on the administrator c. t. a., an