Gaddess v. Norris' Ex'rs
Decision Date | 24 March 1904 |
Citation | 102 Va. 625,46 S.E. 905 |
Court | Virginia Supreme Court |
Parties | GADDESS et al. v. NORRIS' EX'RS et al. |
WILLS—CONSTRUCTION—PARTIES.
1. In an action to construe a will, where the issue was distinctly made as to the validity of the will, and the question whether or not the grandchildren of testator have an interest in the subject-matter of the litigation, and, if so, the extent of their interest, depends on the determination of that question, they are necessary parties.
Appeal from Circuit Court, Fauquier County.
Bill by 'Norris' executors and others against Gaddess and others, to construe a will. Decree for plaintiffs, and defendants appeal. Reversed.
Moore & Keith and Henry E Davis, for appellants.
Munford, Hunton, Williams & Anderson, for appellees.
This is an appeal from a decree of the circuit court of Fauquier coun-ty, construing the will of Henry De Butt Norris, late of that county, deceased.
The will is as follows:
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Watkins v. Fairfax County
...suit.'" Id. (quoting Raney v. Four Thirty Seven Land Co., 233 Va. 513, 519-20, 357 S.E.2d 733, 736 (1987) (quoting Gaddess v. Norris, 102 Va. 625, 630, 46 S.E. 905, 907 (1904))). Thus, the Court has consistently held that "a court lacks the power to proceed with a suit unless all necessary ......
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Yopp v. Hodges
...(1996) (quoting Raney v. Four Thirty Seven Land Co., 233 Va. 513, 519-20, 357 S.E.2d 733, 736 (1987) (quoting Gaddess v. Norris' Ex'rs., 102 Va. 625, 630, 46 S.E. 905, 907 (1904) (quoting 1 Daniel's Chancery Practice, 244))). Thus, as we said in Hughes, a necessary or indispensable party to......
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Synchronized Constr. Servs., Inc. v. Prav Lodging, LLC
...have such an interest are necessary parties to the suit.”233 Va. 513, 519–20, 357 S.E.2d 733, 736 (1987) (quoting Gaddess v. Norris, 102 Va. 625, 630, 46 S.E. 905, 907 (1904) )Code § 43–70 provides that when a suit has been filed under Code § 43–22 to enforce a mechanic's lien, “parties in ......
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Haring v. Hackmer, Record No. 2846-04-4 (VA 11/8/2005)
...at 818 (quoting Raney v. Four Thirty Seven Land Co., 233 Va. 513, 519-20, 357 S.E.2d 733, 736 (1987) (quoting Gaddess v. Norris' Ex'rs, 102 Va. 625, 630, 46 S.E. 905, 907 (1904))), and the absence of a party whose "interests are separable from those of the parties before the court, so that ......
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15.5 Necessary or Indispensable Parties
...unless the missing party cannot be joined and would be substantively affected by the outcome.--------Notes: [30] Gaddess v. Norris' Ex'rs, 102 Va. 625, 630, 46 S.E. 905, 907 (1904) (cited with approval in Raney v. Four Thirty Seven Land Co., 233 Va. 513, 519-20, 357 S.E.2d 733, 736...