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6 Va. 114

Lynch v. Hill

Supreme Court of Virginia

Decided February 10, 1818

Supreme Court of Virginia · decided 1818-02-10

,~2r2nistead Hill and Sally his wife filed a bill in the S ape-nor Court of Chancery for the Richmond district against Francis Lynch and Sally his wife, who, at the same time, filed their answer, to which the plaintiffs replied generally; which bill aiid answer, with the exhibits, were by consent presented to the said Court, for it's opinion and decree thereupon.

Decided 1818-02-10

¶1The following was the opinion of the Court of Appeals.

The Court

¶2is of opinion, that, in supplying words in a testament or last Will, it is the most correct course to supply such only as it is evident the testator intended to use, and not such, also, as would he necessary to effectuate the supposed intention of the testator. Acting on this principle, the Court dissents from the decree of the Chancellor, so far as it supplies the word 44 leaving,” in the clause in question.

¶3*116The result of this opinion is, that the decree is to be reversed with Costs, and the bill dismissed.

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