Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-12-10

The case of Allison Us Allison, wa'ch
comes up, for hearing in the qlrssnlEa
Court of Appeals to-day, and VIII DE
continued through Thursday, is pernaps
tne most important case of its kind that
has vet been heard by that tribunal. Inc
distribution of the, estate OF Mr. ''ailles
w. Allison, of that city, involving nearly
81 ,0p0, 900, is the case at BAR and the par
ties to the suit are Mrs. Minnie 6. All,
son, wife Of the deceased by second
marriage: James ". Allison, Jr., infant
son of the deceased by the second mar
riage; Mrs. Dora Moore. wife OF MT.
Thomas l.. Moore, and daughter OF the
deceased by the first marriage, and thc
collateral kin Of the deceased, CONSIST
ing of his brother, Mr. William II. All
son: his sister. Mrs. E. V. Carson, ana
tha descendants of two deceased sis
ters.
A question of first Importance wnlc:a the
Court of Appeals will be asked to uecloe
is that relating to a pretermltted cnllo-
one born after the will has been Haaae
ord for whom no provision is made III
ths will, not that he is expressly eN-
c,,Ided, but that he is not PROVIDED io'-
the Code of Virginia provides for pre-
termitted child i,y giving him that partlo'
of the estate that he would nave peen en-
t.,,ed to had his father died without max
ing a. will, subject. however, to be de-
feated by the child's death before ne
rea ches the age of q, unmarried. ana
without issue. The infant son IN this case
is James w Allison, Jr., now years oio.
When Mr. Allison's viii was put In the
.Cnancery Court for Interpretation aE the
executors, William ii. Allison and war
ne, Moore, of this city. that court ae-
cded that the child was not prefer
mitted and the appeal from tnls oe-
cis;on will be one OF the vital points Tor
consideration when the case comes UP .tc-
dav and tomorrow in the Court or Ap-
peals.
linked with this question OF pretermls-
sjur Is that OF cerStrliE,1g the IessGt;ary
clause in the will with reference TO q
contingent and a vested remainder The
issues involved in this question are among
the most abstruse and metaphysical
known. and the briefs prepared by the
counsel in this case show that the
very heart of the law is proeed IN the
search for the proper Interpretation.
an Anomalous Condition
In the brief presented by the counsel
for the collateral kin OF Mr.. Allison, the
infant son is made to appear IN a NerS
anomalous position. In effect 1t IS TINS:
If the Court OF Appeals should decide that
James w Allison. Jr., was not provided
for in his fathers will, he can claim one
half Of the immense estate in fee. under
the Code of Virginia. and if his COUNSEL
contentious are sustained the infant car,
claim orc-half of the residuum now en-
loved by his half-sistcr, Mrs. Moore as d
life estate. on the ground that it is vested
in the infant under the terms OF the
wilt as we'll as. in his ,lalf-sister. Fur
thermore. if. Mrs. Moore. who has no
children. should die before her infan,
haIf-brother, then counse! for the infant
contend that her share Of the estate will
go to him in case the remainder III the
res;duunl be contingent. Hence. the cnun-
sci for the cola teral kin of Mr.. Allison
claim that it is possible for the infant
son by the second marrige to take prac-
tically the entire estate. So that the ques-
ton of pretermission, and the conse-
ouences that flow from IT and the con-