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Potts v. Rader

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eBook details

  • Title: Potts v. Rader
  • Author : Virginia Supreme Court
  • Release Date : January 08, 1942
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

This appeal involves the question of the construction of the will of Fannie Lavinia Sheppard, probated on May 18, 1880. The pertinent parts of the will read: "I bequeath to my three nieces, viz: Ann Eliza Sheppard, Belle G. Sheppard and Kate E. Sheppard, and to my nephew Adam Empie Sheppard, and to my cousin Charles R. Darracott all the landed estate I have in the county of Henrico, consisting of two plantations, Half Sink and Ethelwood, * * * (subject however to the provisions hereafter made in this will) each of them, my three nieces and nephew, and cousin aforesaid, to have an equal interest in the same. And in case of the death of either of my three nieces or nephew aforesaid, I wish the portion that such decedent or decedents would be entitled to if living, to go to the heirs of the body of such decedent or decedents, should they have any such heirs, otherwise to the survivors and their heirs; but to my cousin Charles R. Darracott aforesaid, I leave his portion in fee simple upon the condition that he shall pay a debt of about ($2500) Twenty Five Hundred Dollars, which he procured from me as a loan, since the war; but should he prefer not to assume the payment of this debt, (upon these terms) then at his death his portion shall be subject to the same conditions as the other portions, viz: be divided among my three nieces and nephew aforesaid or their heirs."


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