FLETCHER v. WASHINGTON AND LEE UNIVERSITY

No. 82-1891.

706 F.2d 475 (1983)

Laura Tucker FLETCHER, Appellant, v. The WASHINGTON AND LEE UNIVERSITY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 28, 1983.


Attorney(s) appearing for the Case

E. Griffith Dodson, Jr., and Clifton A. Woodrum III, Roanoke, Va. (Dodson, Pence, Viar, Young & Woodrum, Roanoke, Va., on brief), for appellant.

S.D. Roberts Moore, Roanoke, Va. (Melissa J. Warner and Gentry, Locke, Rakas & Moore, Roanoke, Va., on brief), for appellee.

Before WINTER, Chief Judge, ERVIN, Circuit Judge and ALDRICH, Senior Circuit Judge.


BAILEY ALDRICH, Senior Circuit Judge:

In September, 1957, Rosa Tucker Mason, by written agreement with defendant Washington and Lee University, deeded to defendant a certain property, consisting of some eight acres of land and a mansion, known as Col Alto; she to enjoy the property during her lifetime, and the University to have the fee, but on certain specified conditions, thereafter. It was further provided as follows.

9. The University agrees that if in...

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