Crawford v. Moses
Supreme Court of Virginia
James Johnson of Louisa made his will, bearing date the 21st of the 2d month 1785, whereby, after certain bequests, he devised and bequeathed as follows; “Item, I lend to my beloved wife Lucy Johnson, during her widowhood or life, the land whereon I now live, with all my negroes, stock and every other part of my estate not already given, during the above mentioned time.”
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James Johnson of Louisa made his will, bearing date the 21st of the 2d month 1785, whereby, after certain bequests, he devised and bequeathed as follows; “Item, I lend to my beloved wife Lucy Johnson, during her widowhood or life, the land whereon I now live, with all my negroes, stock and every other part of my estate not already given, during the above mentioned time.” Then came a devise of the reversion in the land, and after that devise, the following clause: “Item, It is my will and desire that after the death or marriage of my wife, all my negroes shall have their right to freedom when…
1Opinion of the Court
Tucker, P.
This is a case of prospective emancipation by will, and presents some of the difficulties which have resulted from construing the statute to au*280thorize the gift ¿of freedom in futuro. Such, I am persuaded, never was its design, and such an.effect is"'at variance with every principle. For, in the nature of act, emancipation is immediate, not prospective. If the act be not executed, but executory, it is but a contract for freedom between the master and .slave, which is void. If, on the other hand, the act be considered as executed, it must take effect immediately, and intermediate…
2Cases cited1 opinion
- Greenlee's adm'r v. BaileySupreme Court of Virginia · 1838