131 Va. 261 | Va. | 1921
delivered the opinion of the court.
. This is a partition suit, and the sole question for decision is whether a certain deed from David Osborne to his son, G. W. Osborne, should be treated as an advancement and brought.into hotchpot.
David Osborne at one time owned three separate tracts of land—the “Home Tract” of 211 acres, the “Buckner’s Ridge Tract” of 236 acres, and the “Mountain Tract” of 220 acres.
On August 8, 1901, he conveyed 120 acres of the Buckner’s Ridge tract to his son, G. W. Osborne, for life, with
On October 2, 1903, David Osborne, in consideration of $1,500.00, the receipt of which was acknowledged in the deed, conveyed to another son, L. N. Osborne, all of the Home tract with the exception of the “iron ore” theretofore sold to Patrick Hagan, and reserving to the grantor and his wife a life interest in one hundred acres of the tract thus conveyed. This deed contained the following stipulation: “The said grantee, L. N. Osborne, accepts the above tract of land described in this deed as his part, or interest, in the real estate owned by said David Osborne.”
In 1915, David Osborne, being still the owner of the Mountain tract and 116 acres of the Buckner’s Ridge tract,died intestate; and shortly thereafter this suit was brought by G.' W- Osborne against the other heirs of David Osborne, seeking a partition of these lands. The bill alleged that the above recited deed of October 2,1903, to L. N. Osborne constituted an advancement to him of his entire interest in the estate, and that he was not entitled to participate in the partition. The truth of this allegation conclusively appears on the face of the deed, is conceded by L. N. Osborne, and he claims no share in the lands herein involved. Mrs. Ellen Richmond, a daughter, T. J. Osborne, a son, and some of the other heirs of David Osborne, answered the bill and denied the right of the complainant, G. W. Osborne, to share in the partition, because, as they claimed, the deed made to him by his father on August 8, 1901, constituted his full share in the estate.
Proof was taken on both sides, and the court upon final hearing entered a decree adjudging that the land conveyed
Reversed.