Public-domain · open source
OpenJurist

3 Va. Cir. 73

Glover v. Hyman

Alexandria County Circuit Court

Decided January 13, 1983

Alexandria County Circuit Court · decided 1983-01-13

Relies on Langhorne v. Langhorne

Decided 1983-01-13

By JUDGE DONALD H. KENT

¶1In response to the defendant’s motion to reconsider or to clarify the Court’s decision the following is submitted. *•

¶2In 1972 the Virginia Supreme Court found that a testator does not intend by the word "issue" to include persons who qualify as such only by or through adoption, unless the intent to include those persons is expressed or reasonably implied by the language of the will or may be reasonably inferred from extrinsic evidence. Langhorne v. Langhorne, 212 Va. 577.

¶3Section 64.1-71.1 of the Code adopted by the 1978 General Assembly provides that adopted persons are included in class gift terminology in the interpretation of wills unless a . contrary intent appears on the face of the will.

¶4The Court finds that Section 64.1-71.1 of the Code changes the "stranger to the adoption rule" found in Langhorne. The word "issue," standing alone, now includes persons who qualify by or through adoption.

/3/vacir/73 · .json · Public domain