Kelly v. Kelly's Executors
Supreme Court of Virginia
This was an appeal from the Fredericksburg Chancery Court, where James W. Kelly and others, filed their bill against William, Stone and George Kemper, executors of John Kelly, deceased. The whole subject of controversy is fully explained in the following opinion.
1Opinion of the Court
Judge Carr,
delivered his opinion.
John Kelly married a lady of the name of Paine, and received by her (it is said) twelve slaves. She died, leaving five children. Iii 1797, John Kelly, being about to marry a second wife, executed a Deed of gift conveying to his children, in different proportions, all the slaves he had received by their mother, which were to be delivered to them “ at lawful age, or marriage.” This Deed was duly recorded; and the slaves were, at different periods, delivered to the children. The second marriage took effect, and eight children were the fruit of it. In 1809, one…
2Cited by5 opinions
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