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13 Gratt. 136

Gibson v. Carrell

Supreme Court of Virginia

Decided February 29, 1856

Supreme Court of Virginia · decided 1856-02-29

This was a bill in the Circuit court of Jefferson county, by Eli H. Carrell and Margaret his wife against Samuel Gibson and others. And the only question was, whether certain real estate of which Margaret Gibson died seized, passed by her will to Samuel Gibson, or descended to her heirs, of whom Samuel Gibson and the female plaintiff were two. The will was made in October 1837, when the testatrix was possessed of no real estate.

Decided 1856-02-29

Daniel, J.

¶1It seems to me that this case must be governed by the rules and principles declared in Raines v. Barker, just decided by this court. There is nothing in the language of the will from which to infer an intention on the part of the testatrix to dispose of lands to be acquired after the date of her will. It is proved, however, that the testatrix owned no lands or real estate at the date of her will, and as by a residuary clause she gives the balance of her property “ of every sort or description, real or personal,” to the appellant, it is argued that the testatrix must have contemplated the future acquisition of real estate, and intended it should pass by this clause, as otherwise the word “real” is left without meaning, and superfluous : and that the court ought not to presume that the testatrix used a word of such important meaning without a purpose. The argument is not without show of force; Yet when we see that the testatrix has used no language referring in terms to to any land she might thereafter acquire, but on the contrary, in the commencement of the will, declares her purpose simply of disposing of what worldly effects she then owned, and that she was ignorant and illiterate, and consequently not apt to assign exact meaning and value to the language she might use, it seems *138that there is no such manifestation of the purpose of the testatrix to dispose of after acquired lands, as would justify us in making this case an exception to the general rule.

¶2I am for affirming the decree.

¶3The other judges concurred in the opinion of Daniel, J.

¶4Decree affirmed.

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