Haag v. Stickley

389 S.E.2d 691, 239 Va. 298, 6 Va. Law Rep. 1498, 1990 Va. LEXIS 49
CourtSupreme Court of Virginia
DecidedMarch 2, 1990
DocketRecord 890635
StatusPublished
Cited by5 cases

This text of 389 S.E.2d 691 (Haag v. Stickley) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haag v. Stickley, 389 S.E.2d 691, 239 Va. 298, 6 Va. Law Rep. 1498, 1990 Va. LEXIS 49 (Va. 1990).

Opinions

JUSTICE COMPTON

delivered the opinion of the Court.

In this appeal, we determine whether the trial court correctly construed and interpreted a will.

At issue is Kenneth Lee Otto Haag’s holographic will dated January 20, 1983, and a holographic codicil dated October 5, 1985. The testator died in May 1986, and the will was duly probated in the Clerk’s Office of the court below. Helen B. Haag, the testator’s former wife, qualified as executor of the estate, which included 689 shares of common stock in the Front Royal Supply Company, Inc. The inventory showed the value of the stock to be in excess of $254,000.

In May 1987, appellees John Stickley and Wayne Blye filed this declaratory judgment proceeding in equity against appellant Haag in her individual and representative capacities. The plaintiffs [300]*300asked the court to construe and interpret the will in order to determine the rights of the parties in the shares of stock. Upon consideration of a stipulation of facts and argument of counsel, the chancellor ruled in favor of the plaintiffs, and we awarded defendant this appeal from the March 1989 final decree.

Reproduced below is the portion of the will which is central to this controversy.

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A provision of the amendatory codicil also is particularly relevant. It reads as follows, complete with spelling and other errors: “In case Chs.Smoot is deceased or any other receipitent their stare will go back in the estate.”

According to the stipulation, the parties agreed that “the Will must speak for itself,” and that extrinsic evidence would not be presented. The parties also agreed that the will is valid as probated and that the documents, including the “notations,” were written by the testator.

According to. the stipulation, Charles Smoot, Stickley, Melvin Printz, and Blye had been employees of Front Royal Supply Company, which apparently was owned by the testator. Smoot was the manager of the company’s Front Royal store and had worked for the testator about two years longer than had Stickley.

[301]*301Stickley was the manager of the company’s Winchester store. Blye was the assistant manager of that store and had worked for the company for a lesser period than had Stickley.

Both Stickley and Blye remained company employees until the testator’s death. Apparently, although the record is unclear on this fact, Smoot was likewise a company employee when the testator died.

Printz, whose name appears in the foregoing portion of the will beneath the horizontal lines and before the word “no,” had been a company employee. He was “fired” and left the company in “1984-85,” according to the stipulation.

The trial court, in finding in favor of Stickley and Blye, ruled that of the 689 shares of stock owned by the testator at his death, “Smoot gets the first 500 shares.” He decided that the remaining 189 shares “are to be divided equally between . . . Stickley and . . . Blye, with the odd share going to the person with the longer service.”

The chancellor reasoned that when considering the “four corners of the will,” it is “plain” the testator wanted Smoot to have the first 500 shares of his stock. The chancellor also said it was “clear” that the testator “did not know whether Stickley or Blye, or either of them would be working for the company at the time that he died.” Thus, according to the court, the testator “also made it clear” that he wanted the remaining shares in excess of the 500, in the testator’s language, “to be divided equally among the survivors who are still with and working for” the company with the odd share to pass to the person with the longer company service. The chancellor also noted that, in the codicil, the testator specified that if Smoot or any other recipient predeceased the testator, the share of such deceased beneficiary “would go to the residuary clause.”

Asserting the trial court erred, defendant argues that the testator, when he drafted his “original will,” intended not to give Stickley, Printz, and Blye any of the 689 shares “because, by the language of his will, he left all of that stock to Charles Smoot.” Defendant continues, “It is clear from the will that testator, at the time he wrote his will, included Stickley, Printz, and Blye as possible takers of stock in the company if he later determined to give them stock, at which time he intended to state the number of shares that each was to receive.” That time never arrived, according to defendant, because the testator failed to write in his will a [302]*302specific number of shares he intended to leave to Stickley and Blye. Asserting that the testator’s intent at the time he wrote the will “is the important inquiry,” defendant says that “what the testator may have later intended cannot be supplied in the process of construing the will” unless that “later-formed intention” is set forth in the document.

In addition, defendant thinks “it fair to assume” that the testator wrote the entire will prior to making deletions and interlineations, which appear in numerous places in both the will and codicil. Defendant says “that at some later time the testator struck out the name Melvin Printz and wrote in ‘no’ before the word ‘shares’.” Noting that this change was initialled by the testator, defendant observes that the testator “added no words to his will clarifying his intention with respect to Stickley and Blye, nor did he add his initials before their names indicating that he may at that time have formed an intent to make clear that they are beneficiaries under the will.” According to defendant, when the testator struck over the number “689” after Smoot’s name and inserted “500,” again adding his initials, the testator drew “blanks” following the names of Stickley and Blye. This indicated, defendant says, that the testator still had not formed an intention upon the number of shares, if any, to be given to Stickley and Blye.

Consequently, defendant contends, the 189 shares should not pass to the plaintiffs but should be a part of the residuum. We do not agree with defendant’s contentions.

Recently, we have summarized a number of the principles applicable here. In construing a will, the testator’s intention controls, unless contrary to an established rule of law. Thomas v. Copenhaver, 235 Va. 124, 128, 365 S.E.2d 760, 763 (1988). The whole will must be examined to determine the testator’s intention and effect should be given to all parts of the document, as far as possible. Id. Even though the language of the will may be obscure or uncertain, the testator’s intention will prevail, if it can be ascertained. Id.

Moreover, when the words of the will are capable of two different constructions, “that should be adopted which is most consistent with the intention of the testator as ascertained by other provisions in the will; and when the intention of the testator is incorrectly expressed, the court will effectuate it by supplying the proper words.” Waters v. Trefouret, 117 Va. 186, 190, 83 S.E. 1078, 1079 (1915).

[303]*303It is true that in ascertaining the testator’s intent we examine the words used in light of the circumstances surrounding the testator at the time of the will’s execution. Warner v. Baylor, 204 Va. 867, 876,

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Haag v. Stickley
389 S.E.2d 691 (Supreme Court of Virginia, 1990)

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Bluebook (online)
389 S.E.2d 691, 239 Va. 298, 6 Va. Law Rep. 1498, 1990 Va. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haag-v-stickley-va-1990.