179 S.E.2d 482
42448 Record No. 7359.Supreme Court of Virginia.
March 8, 1971
Present, All the Justices.
Wills — Speak as of Death.
At date of death decedent owned entire interest in farm. He had owned only one-half interest when will was made. Will speaks as of death and passes entire interest. Parenthetical limitation to one-half interest merely identifies interest held when will was made.
Appeal from a decree of the Circuit Court of Craig County. Hon. Earl L. Abbott, judge presiding.
Affirmed.
Harvey S. Lutins (T. J. Surface, on brief), for appellant.
Benj. E. Chapman, R. S. Kime (Kime, Jolly Clemens, on brief), for appellees.
Per Curiam.
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. Sec. 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.
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