Spicer v. Wright
Virginia Supreme Court
211 S.E.2d 79, 215 Va. 520 (1975)
- Written by Mary Pfotenhauer, JD
Facts
Leila Spicer executed a holographic will, which gave her estate to her sister, Anne Wilson, “to be disposed of as already agreed between us,” and named Ms. Wilson as executor. Mrs. Spicer was survived by her husband, Meade Spicer. Ms. Wilson died before Mrs. Spicer’s estate was probated. The administrator of Mrs. Spicer’s estate (plaintiff) petitioned the court for guidance on how to distribute the estate between Ms. Wilson’s descendants and Mr. Spicer (defendants). The lower court held that Mrs. Spicer’s will did not create a trust, and that her entire estate passed to Ms. Wilson. Mr. Spicer appealed, arguing that Mrs. Wilson’s will created a trust, and that because the terms of that trust were unknown, Mrs. Spicer’s estate must be held in a resulting trust for her closest relative, Mr. Spicer.
Rule of Law
Issue
Holding and Reasoning (Poff, J.)
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