Glover v. Hyman
This text of 9 Va. Cir. 59 (Glover v. Hyman) is published on Counsel Stack Legal Research, covering Alexandria County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this case the question presented is whether extrinsic evidence should be admitted to show the testator’s intended meaning of the word "issue."
Extrinsic evidence in the construction of a will is not allowed if the language of the will is plain and unambiguous. Notwithstanding Va. Code § 64.1-71.1, a majority of the Supreme Court of Virginia has found that "issue" should be given its definite legal meaning of "heirs of the body" and does not include adopted children. Therefore, extrinsic evidence should not be admitted to alter the definite legal meaning of "issue."
Petitioner’s request for an evidenciary hearing is denied. Mr. Hyman should prepare an order reflecting this ruling of the Court and dismissing this case.
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Cite This Page — Counsel Stack
9 Va. Cir. 59, 1987 Va. Cir. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glover-v-hyman-vaccalexandria-1987.