Tabb's Curator v. Cabell
Supreme Court of Virginia
The will of Bandon Cabell deceased was admitted to probate in the County court of Afnherst in January, 1834. By his will, after giving- to his wife Judith S. Cabell a number of slaves in absolute property, he gave her for her life three men and three women,' one of whom was named Bucinda: and he directed that after the death of Mrs. Cabell, the slaves given her for life and their increase should be sold, and the proceeds equally divided among his three children, Robert H.…
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The will of Bandon Cabell deceased was admitted to probate in the County court of Afnherst in January, 1834. By his will, after giving- to his wife Judith S. Cabell a number of slaves in absolute property, he gave her for her life three men and three women,' one of whom was named Bucinda: and he directed that after the death of Mrs. Cabell, the slaves given her for life and their increase should be sold, and the proceeds equally divided among his three children, Robert H. and Bandon R. Cabell and Elizabeth Preston ; the daughter’s part to be held by a trustee for the benefit of herself and…
1Opinion of the CourtJoynes, J.
The counsel for the appellants contended that the answer of Mrs. Cabell°in the case of Steedman v. Cabell & als. which is offered in evidence against them, does not operate as an estoppel upon the appellants in this case; and I concur in that position. That answer can have no other effect in this case than as an admission or declaration of Mrs. Cabell under whom the appellants claim, and as in.the case of every other declaration or admission not made in the pleadings in the cause, the weight to which it is entitled must be ascertained by considering all the circumstances connected with it.…
2Cases cited3 opinions
- Ambler v. D. Warwick & Co.Supreme Court of Virginia · 1829
- Martin v. GreerCoweta County Superior Court, Ga. · 1842
- Almond v. Mason's Adm'rSupreme Court of Virginia · 1853
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- Duff v. DuffCalifornia Supreme Court · 1886
- Buzard & Hilliard v. McAnulty & MostyTexas Supreme Court · 1890
- Moorman v. ArthurSupreme Court of Virginia · 1894
- Hatcher v. CrewsSupreme Court of Virginia · 1884
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