Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-04-14
SUIT OYER A note.
THE SUPREME COURT RE-
VERSES TWO DEGREES.
A Lcgatec Will Not Have To
Pay $5,O0O---A VIII
Annullcd.


to the legal fraternity OF Virginia.
Among the opinions rendered yesterday
was that reversing the decision Of Judge
James Keith, in tho Circuit Court OF
Loudoun county, i'll the case OF Neville
against Dulaney's executors. Judge
Lacy rendered an able opinion IN the
case, fully and intelligently dealing with
tho points involved
The suit is on a note for $1,000 made
by Robert Neville, who married sister
OF II. Grafton Dulaney, deceased. At
the time OF bis death he was one OF the
weslthiest young men in Virginia, his
whole estate probably being worth
$1,000, 900. BY his will no bequeathod
nearly $780, pecunlsry legacies TO
friends and relatives, besides many speci-
fic legacies.
THE TWO CLAUSES.
The suit, however, turned upon tho
construction OF wv D cl.Gsts OF Mr.. Dula-
news will. The first of these is known
as the fourteenth clause in the probated
paper and bequeaths as follows:
ITO my brother, Richard II. Dula-
ney. | give the sum Of Sl0. 900 absolute
", and all my shooting apparatus OK
cept two rifles, which leave to my bro
ther-in-law, Robert Neville, and two
shotguns, which leave to my brother
in-lsw, J. ). Lennon, theyto make their
own selections"
The second clause, known as the
eighteenth, provides as follows:
Il direct that all the foregoing lega-
cies be paid and delivered over TO the
persons named as speedily as practical
bic. and without deduction OF any kind,
it being my wish that all charges, taxes,
and dues OF every kind thereon shall loo
paid by my executors, and that no
charge 10 made against any OF my said
lcgatees by reason OF any money passing
from me TO them at any time prior to
my death"
FOUND AFTER DEATH
The note involving this clause was
| found among the testators assets IN the
| hands OF his bankers at the time OF his
death uncancelled aud without any
memorandum attached 10 it indicating
any intention to release it.
The question was whether the testator
meant 10 include every legatee men
toned in his will within the language Of
the eighteenth clause and If SO whether
/ that language constituted release OF
any debt due by any legatee 10 the tes-
tator, whether contracted prior 10 the
date OF his will or subsequent thereto.
The court unanimously decided that
| 1a Aoo kofA fr,fA la1 ~ al ~
legatees from every debt due to him at
his death. This Is a case of the gift OF
/ legacy by a creditor to a debtor, and the
point decided was whether the creditor
intended to release his debtor. There is
no other case reported IN Virginia di.
rectly dealing with this doctrine.
Messrs Lee & Janney, of Leesburg,
and Peasants and Massey. Of this city,
were counsel for Neville and Mr.. Brooke,
OF Leesburg, and Attorney-General
Scott represented the Dulaney e4ecu-
tors
The VIII of Walters.
The court reyerses, in an opinion pre-
pared by Judge Fauntleroy, the decree
rendered at the September 1s9D term
Of the Circuit Court of Wythe county
in the case of Walters and others against
Walters and others The suit was brought
by James, Nancy, and Stephen Walters
against John Walters, his wife, and their
two iRfant children fort impeachment
and the setting aside of an alleged will
of Wayman Walters, father OF the CON-
plainants and the defendants
The case involves the validity OF the
paper purporting to BE- the last will aud
testament Of Wayman Walters. which
was dated September 10. 1888, one day
previous to the death Of Walters. This
will was probated and took the regular
course in accordance with the law.
PROVISIONS or THE WILL.
II gave TO James Madison Walte-s
and John Walters and their wives the |
right to hold Of the testators land during |
their lifetimes, but at their deaths the |
property was to go in fee.simple to |
Johns children -Wayman and 5sry |
Lee. Stephen and Nancy Walters were |
given 800 each annually from the profits |
of the land. The estate thus disposed
OF amounted to about IS. 600.
In March, 1891, there was a trial OF |
the issue, and the verdict found was in |
favor of the validity of the Will. This,
however, was set aside and a new trial |
was had at the September term Of the |
court, when the jury rendered verdict |
in accordance with the previous one. |
The appellants motion 10 set this YER |
dict aside was oyerrnled and An appeal |
was taken to the Supreme Court.
NOFFIcIoUs AND CRUEL"
In Judge Fauntleroy's opinion he |
states that the paper propounded as the |
will Of Wayman Walters is upon its face
inofficious, cruel, and inhuman, and that |
it gives no reason for the unnatural dis
position OF the estate OF the testator, dis
inheriting his afflicted and unfortunate
son Stephen and his dependent and help
less daughter Nancy and her eight chill
dren.
The decision refers TO John Walters.
who lived with his father, having had /
the old man completely and rigidly IN
der his influence, and states that on the /
night of September 10, 1888, the father,
over Is years of age and feeble by sick
ness, lay i'll q dying stupor, unable to
tbAA iltuoCAA OfCA VI W iONDhhALc btAC
members of his own family, when he
seat for the scriyener, who came and
wrote the pretended will, and that the
dying man had to be propped up. stimu-
lated with whiskey the pen placed in
his hand and guided through the mock
cry of making the mark OF the testator.
THE COURTS OPINION.
The court holds that the paper pro-
bated as the last will Of William Walters
is not valid that the verdict of the Jury
upon the issue deuisdvn Uel non was
contrary TO law and evidence and that
the Circuit Court erred in refusing to
set aside and in Diminishing the bill OF
the compliments.
Ii is ordered that decree be entered
aunulling the probate Of the paper and
declaring it void.
The Other Decisions.
Hartman against Copenhaver. From
Circuit Court Of Smyth county. Affirm
ed. Justice Lewis delivering opinion,