Tebbs v. Duval
Supreme Court of Virginia
William Carr of the eonnty of Prince William, died in 1790, leaving a widow and three children. His daughter Betsey Tebbs was married at the time and had children; his two sons John and William were minors. By his wiil he, in the first place, gave to his widow during her natural life, the land on which he lived, with the negroes, stock, &c., upon it. He then, m successive clauses, gave land and slaves to his daughter and each of his sons for life, and as is therein stated.
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William Carr of the eonnty of Prince William, died in 1790, leaving a widow and three children. His daughter Betsey Tebbs was married at the time and had children; his two sons John and William were minors. By his wiil he, in the first place, gave to his widow during her natural life, the land on which he lived, with the negroes, stock, &c., upon it. He then, m successive clauses, gave land and slaves to his daughter and each of his sons for life, and as is therein stated. These clauses are given in the opinion of Judge Jovnes. He then gave all the remainder of his estate, real and personal,…
1Opinion of the CourtJoynes, J.
I think that the court did not err in treating the whole of the fund realized under the decree of 1836’ as capital. For it was expressly provided by that decree, that the appellant should invest the sums decreed to be paid to him, after deducting expenses; pay to Mrs. Tebbs for life the interest of the money so invested; and distribute the principal sum, after her death, among the parties entitled. This arrangement, though injurious to Mrs. Tebbs, may have been sanctioned by her for the benefit of her children. But whether it was or not, it was embodied in the decree to which she was a party,…
2Cited by9 opinions
- Couch v. EasthamWest Virginia Supreme Court · 1887
- Cresap v. CresapWest Virginia Supreme Court · 1890
- Withers' Adm'r v. SimsSupreme Court of Virginia · 1885
- Roberson v. WamplerSupreme Court of Virginia · 1905
- Davis v. TebbsSupreme Court of Virginia · 1886
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