Woodruff v. Pleasants

Citations

• 81 Va. 37
• 1885 Va. LEXIS 7

Syllabus

<p>Wills—Construction.—Testator says: “All the rest of my estate * * * I give in trust to my grandchildren by my sons J., L. and W., now born or hereafter bom, to be divided equally between them, my sons acting as trustees, each for his own family, * * * * and dividing out to each child, as he or she may come of age or marry, his due share of said estate: provided always, that the right of survivor-ship shall be to the rest of each family of children in case any child of either family shall die under age, unmarried and without children.” * * *</p> <p>Held:</p> <p>1. The title to the property on testator’s death vested in his three sons, in trust for their respective families.</p> <p>2. The property vested beneficially, on testator’s death, in the grandchildren then born, subject to open and let in after-born grandchildren.</p> <p>3. If any of the grandchildren die under 21 years of age, unmarried and without children, his or her share survives to his or her brothers and sisters.</p> <p>4. The devise is not void for remoteness.</p>