Pendleton v. Hoomes
Pendleton v. Hoomes, Wythe 94 (1790), was a case discussing how an inheritance was to be split among surviving siblings.
In his will, Joseph Hoomes left the remaining part of his estate "to be equaly divided between the children of my uncle Benjamin Hoomes and my cousin John Hoomes". When Joseph created the will, Benjamin Hoomes had six children. One of these children, Martha, died about six months before Joseph. The plaintiffs, Martha's children, filed a bill with the High Court of Chancery to claim Martha's share.
The Court's Decision
The High Court of Chancery found that Joseph's language about Benjamin's children referred to children living at the time the will was written, not the time the will was executed. To hold the other way, the Court said, would contravene Joseph's intent, since there is a possibility that English law would have required all of Martha's share to go to John, rather than having Benjamin's surviving children and John spilt the estate equally.
- George Wythe, Decisions of Cases in Virginia by the High Court of Chancery, (Richmond: J.W. Randolph, 2d ed. 1852), 94.