Armstrong's adm'r v. Pitts
Supreme Court of Virginia
In the year 1840 Ellis Armstrong of the county of Essex departed this life, having made his will, which was duly admitted to probat in the County court of Essex.
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In the year 1840 Ellis Armstrong of the county of Essex departed this life, having made his will, which was duly admitted to probat in the County court of Essex. By the first clause of his will he gave to John Armstrong and George Wright the farm on which he lived and nine slaves, upon the following trust; “ for the use and benefit of my son Joseph N. Armstrong during his life, with the privilege that he may reside on said farm and have the use of said negroes, so far as may be necessary for his support and maintenance, and for the support and maintenance of his family; and at his death,…
1Opinion of the CourtMoncure, J.
This case was first submitted to the court on a preliminary question, the decision of which in favor of the appellants, it was supposed, would render it unnecessary to consider the case upon the merits. That question was raised by the third assignment of error, which is, that “ it was irregular to hear the cause upon the commissioner’s report until thirty days after the same had been returned to the court.” Code, p. 659, ch. 175, § 9. In Gray v. Dickenson's adm'rs, 4 Gratt. 87, referred to in the petition, this court, on a similar ground, reversed with costs the decree of the court below,…
2Cases cited4 opinions
- Hudson v. KlineSupreme Court of Virginia · 1852
- Rankin v. BradfordSupreme Court of Virginia · 1829
- Scott v. Gibbon & Co.Supreme Court of Virginia · 1816
- Hughes v. PledgeSupreme Court of Virginia · 1829
3Cited by5 opinions
- Slack v. JacobWest Virginia Supreme Court · 1875
- Hutchinson v. MaxwellSupreme Court of Virginia · 1902
- Salamone v. KeileySupreme Court of Virginia · 1885
- Evans v. SpurginSupreme Court of Virginia · 1854
- Hardenburgh v. BlairNew Jersey Court of Chancery · 1878