THOMAS v. THOMAS

Record No. 800494.

294 S.E.2d 795 (1982)

Jack F. THOMAS, Individually v. Margaret P. THOMAS, et al.

Supreme Court of Virginia.

September 9, 1982.


Attorney(s) appearing for the Case

W. Edward Meeks, III, Amherst (Richard S. Pendleton, Madison Heights, on briefs), for appellant.

Carroll P. Freeman, Lynchburg (Martin, Taylor, Fralin, Freeman & Perrow, Lynchburg, on brief), for appellees.

No appearance for Jack F. Thomas, Executor and Trustee under the will of William Thomas Thomas, Sr., deceased, and Jack F. Thomas, Henry Gouyer, Jr., Robert E. Jennings, Trustees of Randolph Memorial Baptist Church.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.


CARRICO, Chief Justice.

This case involves construction of the will of William Thomas Thomas, Sr., deceased (the testator). In issue are the provisions of Item Third, which read:

Third: I give, devise, and bequeath all my remaining estate, real and personal, to the Trustees hereinafter named, in trust, to hold, manage and dispose of the same as follows: (a) To divide the net income from said property...

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