Branch's Administratrix v. Booker's Administrator
Supreme Court of Virginia
William Branch, sen., of the county of Chesterfield, by his last will and testament, having devised to his son William, a tract of land, and certain slaves and stock, then in his, the said William’s, possession, “barring all claims in future against the testator’s estate,” and to his sons Joseph, Henry, Thomas, and Francis, and his daughters Judith and Martha, certain lands; lastly, “to his beloved wife Judith, he gave the land on which he resided, her natural life, as,…
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William Branch, sen., of the county of Chesterfield, by his last will and testament, having devised to his son William, a tract of land, and certain slaves and stock, then in his, the said William’s, possession, “barring all claims in future against the testator’s estate,” and to his sons Joseph, Henry, Thomas, and Francis, and his daughters Judith and Martha, certain lands; lastly, “to his beloved wife Judith, he gave the land on which he resided, her natural life, as, also, all other his lands and other property, so long as the family should live entire with her, but when any one of his…
1Opinion of the Court
Friday, March 20th, the Judges pronounced their opinions;
JUDGE BROOKE.
The general rule, that all persons interested in the division of the same subject ought to be parties in a suit brought by one or more of them, does not apply to the present case: the division here could not be made at one and the same time, in pursuance of the will of the testator, but at the several periods when any one or more of his children should separate from the family with the' consent of the mother; nor will I, after a division has been made, as to one ■ or more of the children, without complaint on their part,…
2Cases cited2 opinions
- State v. GoodrichWest Virginia Supreme Court · 1878
- Oneale v. CommonwealthSupreme Court of Virginia · 1867