Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-03-23
APPEAL AND sUPERsEDEAs
IN STARKEY WILL CASE
Supreme Court to Review Involved
Litigation From Roanoke
County.
MANY COMPLICATED POINTS
Appeal Refused TO r. Lewis, Alias
William Thomas Davis, Convicted
In Bcrklcy Ward, Norfolk, OF MUIR
der OF Hardy NJ. CufYec.

An appeal and supcrscdcas wcre al
lowed by tho Supreme Court OF Ap.
?eals OF Virginia yesterday IN the case
OF j, c. Starkey's Executor vs. Starkey's
Heirs and Nannio Pcrdue and o,hers
IS. Blount and others.
The case comes up from the Circuit
Court OF Roanoke County. where tho
TWO suits were heard together and a
decree was entered January IS against
the petitioners
The companion suits grew out OF n
controversy over the estate OF John @.
Starkcy. who died IN 1912 His will
which he executed Jointly with his wife.
Mary ~ Starkey, was probated In Sep
TENDER OF that year.
In 1914 Mary Starkey. the widow,
d'cd, and tho joint VIII WINS then proved
before the Circuit Court clerk In Frank
lin County as her will. Both tes,ator
and tss,atTix died In that county.
In February. 1913. jason H. Robert
son. the executor. filed n bill In court.
proving II as the will OF John G.
Starkcy and asking the court 10 con-
s'ruc this clause: I'VE give and be-
qneath to Salllc p. Blount. Elsie letter.
Duck Hancock and Charles /. Po!n-
dexter. and 5. l.. Hollands daughters
by fiTst wife the remainder OF tho
estate. both real and personal to he
equally divided between them"
The petitioners. who are the daurh.
tors OF 5. J.. Holland by his first vito
claimed per capita division OF tho
property bequcathcd under that clause
while Sa!lie =. Blount. Elsie Jcter Han
cock and PoindeHtcr claimed that tho
property should he divided into five
equal shares. and that the petitioners
should only get between them one.
hfth share
Mary a. Starkey was then living
Filing an answer to the suit. she al
legged that the intention of herself and
husband had been to divide the prop
erty according to the contention or tn.
petitioners. She contended that II the
court should otherwise construa tho will
she had right to revoke It. so far
as she was concerned
DEATH OF MRS. STARKEY
COMPLEXITIES SITUATION
Before any decree was rendered Mrs.
starkey fell Ill and died. The pet!.
TONERS then brought the second suit
so as to include the estate OF Mrs
Starkey, and TO have tho joint Will
construed. In the meantime Judge J.
Lawrence Campbell. before whom tho
case was pending. died, and was sue
ceeded on the bench by Judge p H.
billiard. judge billiard removed tho
two suits to the Circuit Court OF Roa-
noke County for decision. In the latter
court the decree from which the APP
peal Is taken was rendered.
The sole question for decision by the
Supreme Court IS proper construction
or the clause OF the VIII above quoted.
Appeals were refused In the follow
Ing cases:
Commonwealth Of Virginia VIZ r
Lewis. alias William Thomas Davis
Lewis. alias Davis. and James HarrelI
were arrested and tried for the murder
OF Handy NJ. Cuffre In Rerk.ey Ward,
Norfolk. at o'clock last Christmas
morning. AT the trial Harrell testi-
fed that he shot Curec In elf-defenss.
and that Lewis. alias Davis was In
nocent- This testimony was rejected.
and Lewis. alias Davis. was convicted
OF the killing. In the Corporation Court
February Fl, this year.
Manning vs.. Provident Relief Assoc
citation and Sawyer vs. Provident Relief
Association: from Court of Law and
Chcnccry, Norfolk. Suits to recover. on
oral agreements. commissions alleged TO
be due