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CLARK v. WHALEY

189 S.E.2d 46 (1972)

213 Va. 7

George Richard CLARK v. Kenneth Gordon WHALEY et al.

Supreme Court of Virginia.

May 25, 1972.

Attorney(s) appearing for the Case

James C. Breeden, White Stone (Ammon G. Dunton, Dunton, Simmons & Dunton, White Stone, on brief), for appellant.

M. Ray Johnston, Lively (Clarke & Johnston, Lively, on brief), for appellees.

Before SNEAD, C. J., and I'ANSON, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

GORDON, Justice.

John Oliver Hanks died testate in 1943, survived by his wife but without issue. Article Fourth of Hanks' will devised a parcel of land known as "Bunker Hill" to his wife for her life. In the event that Hanks should die without issue (which was the case), the first sentence of Article Sixth devised Bunker Hill after his wife's death to the youngest sons of Hanks' sisters. Upon the wife's death in 1969 the question arose, and is now before us, whether...

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