Mitchell v. Moore
Supreme Court of Virginia
A marriage being about to take place,-between Thomas P. Mitchell and Virginia P. Harvey, a deed bearing date the 14th day of November, A. D., 1849, was executed by the parties and "Win. M. Harvey, by which after reciting the intended marriage, and that Miss Harvey was possessed of real estate, slaves and other personal property, all of said property was conveyed to her brother William M. Harvey, upon the following trusts&emdash;“in trust for the said Virginia JB.
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A marriage being about to take place,-between Thomas P. Mitchell and Virginia P. Harvey, a deed bearing date the 14th day of November, A. D., 1849, was executed by the parties and "Win. M. Harvey, by which after reciting the intended marriage, and that Miss Harvey was possessed of real estate, slaves and other personal property, all of said property was conveyed to her brother William M. Harvey, upon the following trusts&emdash;“in trust for the said Virginia JB. Harvey until the solemnization of the said intended marriage; then upon trust, that the said William M. Harvey, his executors, &c.,…
1Opinion of the Court
Robertson J.
A deed of marriage settlement may be so framed 'as to deprive the husband of all his marital rights; but he will never be deprived of them to a greater extent than the terms of the deed clearly require.
In this case the deed of settlement only excludes the rights of the husband, surviving his wife, in the event of her exercising the power of appointment conferred on her. She died without having exercised that power, and leaving her husband surviving; so that he became entitled to all the personal estate embraced in the settlement; subject only to the payment of the debts for which…
2Cases cited1 opinion
- Pickett v. ChiltonSupreme Court of Virginia · 1817
3Cited by6 opinions
- Beard v. BeardWest Virginia Supreme Court · 1883
- Bramer v. BramerWest Virginia Supreme Court · 1919
- Jones v. Jones' Ex'orSupreme Court of Virginia · 1899
- Coatney v. HopkinsWest Virginia Supreme Court · 1878
- Charles v. CharlesSupreme Court of Virginia · 1852
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