Gardner v. Worrell
Docket: Record 5011
Court: Supreme Court of Virginia; November 30, 1959; Virginia; State Supreme Court
The Supreme Court of Appeals of Virginia addressed the construction of the second clause of M. A. Gardner's holographic will, dated May 1, 1944. The will bequeaths $500 each to Janet Ayers and Audry Fay Ayert for high school expenses and grants the remainder of Gardner's property to his wife, Susana Gardner, with full authority to manage and dispose of it without bond. The legal issue was whether Susana received a life estate or a fee simple estate in the real property and an absolute estate in the personal property. The court ruled that the second clause of the will was clear and unambiguous, indicating that Susana was granted an unlimited power of disposition, signifying a fee simple estate. The provision for distribution of any remaining property after her death was deemed invalid as it conflicted with the fee simple estate, rendering it void due to uncertainty. The court reinforced that when a person is given absolute dominion over property, any subsequent condition regarding the remainder of the property does not alter the nature of the estate granted. Citing previous cases, the court confirmed that the intention of the testator, determined from the explicit language of the will, was to grant Susana an absolute estate. As a result, the chancellor's decree affirming that Susana took a fee simple estate in the real property and an absolute estate in the personal property was upheld. The decree was affirmed in its entirety.