Taylor v. Cullins
Supreme Court of Virginia
John Cullins, late of the county of Powhatan, died in 1833, leaving a will which was duly admitted to probat. In the third clause of his will he says, “ I give to my daughters Henley Cullins and Polly Cullins all my estate, both real and personal, provided they never marry.
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John Cullins, late of the county of Powhatan, died in 1833, leaving a will which was duly admitted to probat. In the third clause of his will he says, “ I give to my daughters Henley Cullins and Polly Cullins all my estate, both real and personal, provided they never marry. If my daughter Henley should die before my daughter Polly, it is my desire that Polly should have the whole of my property; or if my daughter Polly should die before my daughter Henley, it is my desire that my daughter Henley shall have the whole of the property. And it is my desire, that at the death of my daughters…
1Opinion of the CourtDaniel, J.
It appears that the negro girl Maria, *398the subject of this suit, was born after the death of the testator, and in the lifetime of Henley Cullins: And by the terms of the will the bequest of freedom to the slaves Nancy, Jane, Ann, Sally, Judith and America was to take effect only at the death or marriage of both of the testator’s daughters Henley and Polly, of whom Henley was the survivor.
Such a bequest, according to the decisions of this court, confers no right of present freedom on the legatee. On the contrary, the well established doctrine is, that where a person by deed or will declares his…
2Cases cited1 opinion
- Greenlee's adm'r v. BaileySupreme Court of Virginia · 1838
3Cited by2 opinions
- Wray v. DavenportSupreme Court of Virginia · 1884
- Perry & Co. v. Shenandoah National BankSupreme Court of Virginia · 1876