Griffith v. Thomson
Supreme Court of Virginia
George Thomson of Westmoreland, made his last will and testament in 1803, and shortly after died. At the time he made his will, he had two children by his wife, a son Thomas, and a daughter Elizabeth Griffith Thomson, and a natural son called Charles Thomson, alias Briarly; and his wife was pregnant of a child, who was born after the will was made and before the testator’s death, and called George. All these children, and the testator’s wife, survived him.
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George Thomson of Westmoreland, made his last will and testament in 1803, and shortly after died. At the time he made his will, he had two children by his wife, a son Thomas, and a daughter Elizabeth Griffith Thomson, and a natural son called Charles Thomson, alias Briarly; and his wife was pregnant of a child, who was born after the will was made and before the testator’s death, and called George. All these children, and the testator’s wife, survived him. The testator by his will made divers devises and bequests of land and slaves to his son Thomas, to his daughter Elizabeth Griffith, to his…
1Opinion of the CourtCarr, J.
This is another of that numerous class of oases, where the contest is between the alienee, heirs or devisees, of the first taker, and those who claim under a subsequent limitation, as executory devisees. In the cases of Goodrich v. Harding, 3 Rand. 280. Bells v. Gillespie, 5 Rand. 273. Broaddus v. Turner, Id. 308. Ball v. Payne, 6 Rand. 73. heretofore decided, I have given my opinion on this question generally, with the reasons and authorities on which it was founded. These, I shall not repeat, but will simply inquire, whether, and in what degree, the principles governing those cases, where…
2Cases cited2 opinions
- Dunn v. BrayCourt of Appeals of Virginia · 1798
- Ball v. PayneSupreme Court of Virginia · 1827
3Cited by6 opinions
- Behrens v. BaumannWest Virginia Supreme Court · 1909
- Moore v. BrooksSupreme Court of Virginia · 1855
- Deane v. HansfordSupreme Court of Virginia · 1838
- Moore v. BrooksSupreme Court of Virginia · 1855
- Moore v. BrooksSupreme Court of Virginia · 1855
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