FITZGERALD v. FITZGERALD


76 S.E.2d 204 (1953)

194 Va. 925

FITZGERALD et al. v. FITZGERALD et al.

Supreme Court of Appeals of Virginia.

June 8, 1953.


Attorney(s) appearing for the Case

L. Grafton Tucker, Lovingston, for appellants.

Robert C. Goad, Lovingston, for appellees.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN and WHITTLE, JJ.


HUDGINS, Chief Justice.

N. D. Fitzgerald, former owner of the land involved in this cause, and the common source of title of both complainants and respondents, was twice married. His first wife, L. Catherine Fitzgerald, died in 1905, survived by her husband and ten children. In 1907 he married his second wife, Rose Ellen Fitzgerald, who is still living. He died in 1920, survived by two sets of children, five by his last wife.

C. N. Fitzgerald, one of the ten...

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