Cross v. Cross's adm'r
Supreme Court of Virginia
John Tinsley deceased, by his last wiil and testament bequeathed as follows: “I lend to my daughter Lucy Cross ten negroes, namely, Sultey, James, Jane, Bartlett, , Phehe, China, Ned, Joseph, Beck and Sarah, and I give her two young cattle; the negroes and the increase I give to the surviving children of my said daughter Lucy Cross to be equally divided between them at her death, but in case any of her children should die in her lifetime leaving lawful issue, then it is my…
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John Tinsley deceased, by his last wiil and testament bequeathed as follows: “I lend to my daughter Lucy Cross ten negroes, namely, Sultey, James, Jane, Bartlett, , Phehe, China, Ned, Joseph, Beck and Sarah, and I give her two young cattle; the negroes and the increase I give to the surviving children of my said daughter Lucy Cross to be equally divided between them at her death, but in case any of her children should die in her lifetime leaving lawful issue, then it is my will and desire that such issue shall have what its father or mother would have been entitled to, provided he, she or…
1Opinion of the CourtCabell, J.
I am of opinion, that the evidence in the cause establishes a loan from Tinsley to Cross, and not a gift; and that, therefore, the slaves in controversy are to be disposed of according to the will of Tinsley. The decree must be reversed, and the cause remanded for further proceedings.
Tucker, P.
I am of opinion, that the decree in this case should be reversed. The answer states the marriage of Lucy Cross in 1784; and that shortly after the marriage, her father Tinsley gave the slaves in question to her husband, who held them for more than ten years before Tinsley’s death in 1795. Hence the…
2Cases cited2 opinions
- Meeker v. GardellaWashington Supreme Court · 1890
- Spiers v. WillisonSupreme Court of the United States · 1808
3Cited by1 opinion
- Robertson v. GillenwatersSupreme Court of Virginia · 1888