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LANGHORNE v. LANGHORNE

186 S.E.2d 50 (1972)

212 Va. 577

James Aubrey LANGHORNE v. May LANGHORNE et al.

Supreme Court of Virginia.

January 17, 1972.

Attorney(s) appearing for the Case

Alex N. Apostolou, Roanoke, William Nelson Alexander, II, Rocky Mount (Thomas Keister Greer, Rocky Mount, on brief), for appellant.

Edward S. Graves, Lynchburg (Edmunds, Williams, Robertson, Sackett, Baldwin & Graves, Lynchburg, on brief), for appellees.

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

GORDON, Justice.

We must again decide whether the term "issue", as used in a will, includes not only descendants of the body, but also descendants through adoption.

The testator, D. Allan Langhorne, died in 1917. He created a testamentary trust for the benefit of his widow and children during their lives, directing that after his wife's death:

"whenever any one of my said children shall die, leaving issue surviving him, or her, and the youngest of...

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