Lynch v. Hill

Supreme Court of Virginia

Lynch v. Hill

6 Va. 114

DecidedFebruary 10, 1818

StatusPublished

This text of 6 Va. 114 (Lynch v. Hill) 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

Lynch v. Hill, 6 Va. 114 (Va. 1818).

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Opinion

The following was the opinion of the Court of Appeals.

The Court

is of opinion, that, in supplying words in a testament or last Will, it is the most correct course to supply such only as it is evident the testator intended to use, and not such, also, as would he necessary to effectuate the supposed intention of the testator. Acting on this principle, the Court dissents from the decree of the Chancellor, so far as it supplies the word 44 leaving,” in the clause in question.

[116]*116The result of this opinion is, that the decree is to be reversed with Costs, and the bill dismissed.

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The following was the opinion of the Court of Appeals.

The Court

is of opinion, that, in supplying words in a testament or last Will, it is the most correct course to supply such only as it is evident the testator intended to use, and not such, also, as would he necessary to effectuate the supposed intention of the testator. Acting on this principle, the Court dissents from the decree of the Chancellor, so far as it supplies the word 44 leaving,” in the clause in question.

[116]*116The result of this opinion is, that the decree is to be reversed with Costs, and the bill dismissed.

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Bluebook (online)

6 Va. 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-hill-va-1818.