8 Va. 449
Decided August 15, 1836
Supreme Court of Virginia · decided 1836-08-15
George See, late of Hardy county, by his last will and testament, dated September 3. 'J 803, and recorded June 11. 1811, made the following devise (among others): “ I give and bequeath to my daughter Phoebe Couchman the upper half of my plantation, to be equally divided between her and John Craigen as to quality and quantity; but should my said daughter die without heirs of her own body, it is then my will and desire that said half of my plantation should be divided between…
Decided 1836-08-15
¶1In spite of the ingenious argument of the counsel for the plaintiff in error, I am of opinion, that according to the spirit and meaning of the law, and the clear and uniform course of our decisions, the estate given to Phoebe Couchman was a fee tail, changed by our act into a fee simple, and the devise over void.
¶2I think the case a very plain one, and that the judgment ought to be affirmed.
¶3I concur in affirming the judgment.
¶4Judgment affirmed.