Carper v. Reynolds
Cases that cite this one
1 later published case cites this decision.
- Ball v. Ball (Clarke County Circuit Court 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
When Walter Edgar Reynolds made his will, he owned an undivided one-half interest in a 245-acre farm in Craig County, and when he died he owned the entire interest in that farm. Reynolds’s will provided:
“FIRST: I hereby give and devise all my right, title and interest (being a one-half undivided interest) in and to that certain farm or tract of land, situate in Craig County, Virginia, containing approximately 245 acres, * * * unto June Lugar, wife of the said Russell Lugar, in fee simple and absolutely.”
The trial court held that under Article FIRST, Reynolds devised the entire interest in the 245-acre farm to June Lugar. We affirm.
Since a will speaks as of a testator’s death, Va. Code Ann. § 64.1-62 (1968), the words of Article FIRST “all my right, title and interest” operated to devise the testator’s entire interest at his death. The succeeding parenthetical words “being a one-half undivided interest” merely identified the testator’s interest when he made the will.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.