JACOBS v. MEADE

Record No. 811718.

315 S.E.2d 383 (1984)

Jack E. JACOBS v. Cheryl Lynn MEADE, Executrix, etc.

Supreme Court of Virginia.

April 27, 1984.


Attorney(s) appearing for the Case

Robert Henry Klima, Manassas, for appellant.

Gary A. Howard, Manassas (William R. Stephens, Stephens, Boatwright & Howard, Manassas, on brief), for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.


COMPTON, Justice.

The dispositive issue in this appeal is whether the statutory law of Virginia enables a husband, as well as a wife, to acquire a sole and separate equitable estate in real property.

Code § 64.1-19 gives a husband a curtesy interest in fee simple in a deceased wife's real estate. The statute provides, in part, that:

"A surviving spouse shall be entitled to a dower or curtesy interest in fee simple of one third of all the real...

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