Coalter's ex'or v. Bryan
Supreme Court of Virginia
In May 1833, John Randolph of Roanoke died, unmarried and childless; leaving a very large estate, both real and personal. His slaves numbered nearly or quite four hundred. At the time of his death, his heirs and next of kin were John Si. George Randolph, a lunatic, the son of Richard Randolph, his brother of the whole blood, Henry Si.
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In May 1833, John Randolph of Roanoke died, unmarried and childless; leaving a very large estate, both real and personal. His slaves numbered nearly or quite four hundred. At the time of his death, his heirs and next of kin were John Si. George Randolph, a lunatic, the son of Richard Randolph, his brother of the whole blood, Henry Si. George Tucker and Nathaniel Beverley Tucker, brothers of the half blood by his mother, and Elizabeth Tucker Bryan, wife of John Randolph Bryan, and St. George Tucker Coalter, the children of Frances Bland Coalter, a sister of the half blood by his mother. After…
1Opinion of the CourtBaldwin, J.
The jurisdiction of a court of probat differs from that of other civil tribunals in this, that its province is not to ascertain and enforce the rights of property, but to establish, preserve and perpetuate some important muniment of title. When that is a testamentary paper, the decision of the probat court must, of necessity, be judicial in its character; inasmuch as the validity of the instrument involves not merely its formal execution, but also the capacity, freedom and final action of the testator. In regard to such a subject, it is obvious that the full benefit to the community derivable…
2Cases cited2 opinions
- Stein v. BowmanSupreme Court of the United States · 1839
- Vansant v. BoileauSupreme Court of Pennsylvania · 1808
3Cited by28 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Nicholas v. KershnerWest Virginia Supreme Court · 1882
- Luther v. LutherIllinois Supreme Court · 1887
- Dibble v. WinterIllinois Supreme Court · 1910
- Hartman v. StricklerSupreme Court of Virginia · 1886
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