Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-02
A Knotty Case.

To the Editor Of the Dispatch:
Seventy-odd years ago an old man.
whom we shall call X, made his will. he
devised and bequeathed the use and penent
of his estate, real and personal. to MS
wife for the term of her natural life' ana
at her death the lard was TO go 10 MS
sons-namely, % A, G) B, CD c, D d.
90 f, GO F, % G., and 81 II; and his per-
sonal property to his daughters-namely
OI, 0 J, 81 X, a. L, G) NJ. go II, % y:
% p, and 90 @. He had eight sons ana
nine daughters.
In 1896, nine years after making his
will. Old Man X. died but previous TO
his death (after the will was written, put
before 1t was probated, understand), Z,
the third son, bachelor, died.
The will of X was probated and after
the death Of his widow, who survived
him a few years the personal properly
was divided among the girls, and the
land among the boys-the living sohs'
The younger son, II, bought out the IN
terests OF his living brothers, and re.
corded deeds from them, and held all
the land in undisturbed possession until
his death in 1897 willing said land 10
his QTs) children.
Y. In his liftime, was said by IL, ana by
one Of his sisters, to remark that there
was no need to alter his will, because OF
Cvs death. as C did not live to inherit
that Cs interest would go to the other
brothers, as the boys were TO have the
land and the girls the personal property
II and his brothers all thought the same
wav.
A prominent lawyer, however. In an
abstract of title some years ago, TOOK
a different ground. He said: WhlIe
there is nothing to show that III lhten-
tionally or otherwise, does hold al
versely to any other parties. l am IN
clined, on reading the will Of X. to sup
pose that part of one eighth interest
| In KS land may have been improperly
| held by II. Although c died before KS
will was probated, being named In the
| will. he was legal heir, and as such' ne
being unmarried, and dying without a
| will, his property, going TO the nearest
| kin. should have gone to brothers ana
| sisters alike, hence OF his C9 one
| eighth interest in KS land, II, by heritage
| and purchase. would only have owned
eight seventeenths, and the remaining
| nine seventeenths Of the seventeen
seyenteenths Of this one eighth should
belong to KS daughters or their heirs"
| Now. for two questions, please:
| 1. Can a man inherit by will pro-
bated after his death?
| 2. If C was an heir of x, legally, and
a part of Cs land rightly then belonged
| to C's sisters and their heirs, how can
| an adjustment now be made? These sis
| ters-all but one Of whom died forty oil
| fifty years or more ago they are all now
| dead)-had numerous children, grandchil'
dren. and great-grandchilden. these al
| legged heirs are scattered over many
States-Heaven only knows where. II
would cost. probably. moro than the
| value of the whole OF the land TO hum
up and identify all the alleged heirs. II
| tho "lone division" each heirs par
would be infnitesimal.
The heirs OF II would cheerfully sur
render the nine seventeenths OF TINS ont
eighth interest If assured 1t was impro
perly held by them, If they knew how L
do so. They do not want, however. 4
spend more than the interest Is worth
among a lot of lawyers having the sup
posed heirs hunted up and identihed. II
your opinion. did II hold adversely 4
ANYBODY. and II so. how best may Thu
thing now be settled?
'N SUBSCRIBER.
In matters and disputes concerning
wills. Il is almost impossible to reacl
any decision concerning the effect of tn
instrument unless the exact language
the testator is at hand In the case men
toned above, the words of the vii
might give a different aspect to the case
| though we confess it is "knotty," at best
If some lawyer would send US his view
in very condensed form, we would pun
ush them. as many interesting principle
are involved in the question submitted.
If c, the bachelor" had been mar
ried man. leaving children. we Nigh
have reached solution of the problem
, for section 252s Of the Code Of 1887. says:
"If a devisee or legatee die before IN
testator. leaving issue who survive IN
testator. such issue shall take the estat
devised or bequeathed. as the devise
or legatee would have done If he ha
survived the testator. unless dineren
disposition thereof be made or require
by the will"
To our mind the points involved al
/, the intent Of the teststor-d. e., his ev
dent desire for his sons 70 have h
realty)-on the one hand, and the lapsin
NJ Cs interest on the other. 1t may I
that there are recent decisions along tn
line.