The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-03-13
Supreme Court Hands Down
It's Opinion.
OTHER CASES DECIDED
Several Important Matters We're Passed
Upon Yesterday ut Against Farm.
vile and Powhatan Road is De-
cided- Causes Are Argued. Y.

ginia yesterday rendered It's decision in
tho case OF Allison vs. Allison, appealed
from the Chancery Court Of Richmond.
THE decision Of tho lower court was
amended and affirmed. Tho case grew
out OF the construction Of the> will OF
James w. Allison who died in March,
1898. leaving an estate Of nearly 81. 00O. 900.
n On October q 1886, James w. Allison,
Chen q wldower, with one child, Mrs
Dora Moore), made his will, by which
he gave the residue Of his estate, real
and personal, after certain dcvises and
requests to near relatives, to his exc
cutors In trust for his daughter, Mrs.
Moore, for her llfe.. with the following
provision as to the remainder In said
residue: 81, 5
'And at her death to be equally d.
svided among her children, should any
survive her; II she should die without
issue, or IL her surviving child or
children should die before becoming
for the benefit Of my daughter Is to
be divided among my heirs at law
according to the laws OF tho State
OF Virginia."
N On DECEMBER 4, 1890, James w. All-
son. in. contemplation Of his intended
marriage with Mrs. Minnie O. Allison,
then Miss Minnie G. Jones, entered into
an ante-nuptial agreement with her, by
which he settled upon her, ''in lieu and
satisfaction OF her dover and distribu-
tive share IN his estate tho sum Of
$4,000 in fee simple. @ 8
& on December 10. 1890, James W. ALI
son married Miss NJ. G. Jones.
On November 20, 1892. James W, ALI
son made a second testamentary paper,
By which he ratified said will OF Octo-
Der 2, 1856 made before his last mar
riage and by which he gave to certain
trustees the sum Of 100000 in trust for
the BENEFIT of his wife. Mrs. Minnie. G.
Allison, for her life, which was to be
i..in addition to tho sum OF $50 0O0'' pre-
viously settled upon her, with the follow
ing provision as to the remainder In said
500, 900 legacy.
And at her death to go TO her child
or children, 1t there should be any by
me; and If there should Be no child or
children by me, then to go to my
On = June TO- 1894, the infant. James
w Allison Jr.. was born OF this mar
riage.
on. March Is. 1895, James ". Allison.
Sr., died. leaving the above-menuonsd
testamentary papers as his last VIII;
leaving an estate, real and personal.
worth, less debts and costs OF admins
ira ton, possibly as much as $500, 0gO; and
leaving D surviving him his widow,
Mrs. Minnie G. Allison: his daugh-
ter, Mrs. Dora Moore. wife Of
Thomas l.. Moore; his Infant SON.
James ". Allison, Jr., and certain
collateral kin, consisting OF his brother,
William II Allison; his sister, Ms 2. v.
Carson, and the descendants OF the Two
deceased sisters.
MRS MOORES CLAIM.
Under tho residuary clause of the orig
#inal will, Mrs. Moore claimed that she
was entitled to an estate for her life In
& the whole Of the residuum Of the estate;
that, upon her death without children, she
and her infant brother, James w. Allison,
sJr..SSas testator's heirs at the date OF
his death, would each be entitled to one
half Of the residuum in fee simple. Mrs,
Minnie c. Allison. as testator's widow,
claimed that she was entitled to one
third Of the personally passing under
said residuary clause. And the testator's
collateral kin claimed that testators heirs
at date Of Mrs. Moore's death would be
icntitled to the whole of said residuum.
Mrs Moore and her infant brother
claimed that the remainder in the 100000
legacy under the second will, or codlcil,
was a vested remainder, and that the in
FAINT would take the whole Of 1t In fee
simple, whether he survived his mother.
Mrs NJ. c.. Allison, or not. while the coll
lateral kin claimed that said remainder
was contingent, and would pass 70 sald
infant only IN the event OF MS surviving
his mother.
DECISION. By COUNT. /. I
Ia The testator's infant son CANNED tnnt
he, having been born after The last WIZ,
or codicil, had been executed, had been
"pretermitted," and that under the VIZ
Ginia Code Of 1881, section 2S2S' ne was
entitled to one-half, or child.s snare, @
the testator's whole estate, as such pre-
termltted child.
The court held as folloWs
THAT the Limitation or the restauary
estate was to MIS-, moore Nestatot
daughter) for her life, with REMAINDER Y, 90
her child or children,. u any, Wno lnisnt
'suryiyesher and attain the age Or twenty NY;
one years and III case OF no ISSUE NM. MO
should reach the age % l"enty'o.e' snen
the restduary estate VII pass 70 tMuse
persons VINO were he!rs AZ i I e t .nsta
tor at ms ;l, :, n's g., uuIt,es
(Mrs. ,MooTe) Ahu ms .tnIau. so'' el't'o s
" allison IT. n equal f, parts; .,oo 80
a.-nAt Wy I..itas1o ~ M o.vV, ~.
given ~ lue testutu t's "'ab bII,, ~ ~
Le, mmu a.te ~ ostatnr - ~ OK kan ,s -