Claiborne v. Holland
Supreme Court of Virginia
Appeal from a decree of the circuit court of the city of Dan-ville, rendered April 25th, 1890, dismissing, on demurrer, a bill filed by R. H. Claiborne and others, appellants here.
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Appeal from a decree of the circuit court of the city of Dan-ville, rendered April 25th, 1890, dismissing, on demurrer, a bill filed by R. H. Claiborne and others, appellants here. The case is this: On the 21st of January, 1854, Richard G. Haden, by deed, duly recorded, conveyed to William J. Watkins and Richard H. Watkins two lots of land, situate ,in‘the town of Danville, and certain negro slaves, in trust for the benefit of his daughter, Mrs. Martha J. Claiborne, and her husband, William 0. Claiborne, for their joint lives, and at the death of the survivor the property to go in fee to…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The appellants contend that the sale -of the lots and the reinvestment of the proceeds of the sale was a breach of trust for two reasons, viz :(1) Because the reinvestment was not in real estate, but in slaves, and (2) because the object of the sale was to pay the debts of the husband, William C. Claiborne.
The deed creating the trust provided that in the event of a sale the proceeds should be reinvested in “ property of the same kind,” or in good productive stocks; and the question, therefore, is whether the re-investment was in property of the…
2Cases cited1 opinion
- Hughes v. TabbSupreme Court of Virginia · 1884
3Cited by2 opinions
- Redford v. ClarkeSupreme Court of Virginia · 1902
- Carter v. KeeslingSupreme Court of Virginia · 1921