SMITH v. TRUSTEES OF THE BAPTIST ORPHANAGE


75 S.E.2d 491 (1953)

194 Va. 901

SMITH et al. v. TRUSTEES OF THE BAPTIST ORPHANAGE OF VIRGINIA

Supreme Court of Appeals of Virginia.

April 20, 1953.


Attorney(s) appearing for the Case

Langhorne Jones, Chatham, for appellants.

Woods, Rogers, Muse & Walker and Robert S. Irons, Roanoke, for appellee.

Before EGGLESTON, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.


BUCHANAN, Justice.

The question presented on this appeal is whether a codicil to the will of William Smith created a trust with respect to his residence property which he had previously devised in the body of the will to his son in fee simple.

William Smith was a lawyer who had practiced in Pittsylvania county for forty-two years. He died February 23, 1942, leaving a will dated February 20, 1939, to which was attached a codicil dated February 13, 1941, all...

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