Dickson v. Alexandria Hospital, Inc.

177 F.2d 876 (1949)

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Nature of the Case

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Facts

P instituted this action against Hospital (D) who was a beneficiary under the will of Virginia Simpson, deceased, and the First National Bank of Alexandria, her executor, alleging that, as sole beneficiary under the will of P's deceased husband, French Cameron Simpson, she was entitled to a share of the estate of George L. Simpson, deceased, which said Virginia Simpson had disposed of by her will. The real question is the construction of the holographic will of George L. Simpson who died on April 20, 1907, survived by his widow, Virginia Simpson, and two sons, George Robbins Simpson and French Cameron Simpson. George gave to his wife Virginia Simpson, his property on Cameron and Columbus Streets, including furniture and contents of the home. He gave each of his sons George and French the sum of ten thousand dollars, this money to be paid over to them when they each reached 25 years old. The remainder of his property was to go to his wife Virginia as long as she remained his widow. In the event of her marrying then said remainder of his property is to be equally divided between the sons George and French. George died intestate and unmarried on August 24, 1934. French died January 27, 1940, leaving a will to give his entire estate to his widow, P. Virginia, the widow of George L. died March 19, 1944, without having remarried. Virginia left a substantial estate, and by her will, after making numerous specific bequests and establishing a trust fund, left her entire residuary estate to D, after the termination of the trust. P contends that George L. created a defeasible life estate in Virginia one-half of which, at the death of Virginia, passed to P as sole beneficiary under the will of her deceased husband, French. Ds contend that George L. created a defeasible fee simple in Virginia and because she died without remarrying, a fee simple title to the residuum passed to them by her will. The district court held that Virginia took a defeasible fee simple estate, which became absolute when she died without having remarried, and dismissed the complaint. P appealed.