Bennett v. Toler
Supreme Court of Virginia
This was an appeal from the decree of the Circuit court of Pittsylvania, in a suit instituted by the children of Henry Toler deceased, against Grafton Bennett and others. The only question in the case arose on the construction of the sixth clause of the will of Joseph Toler deceased. Joseph Toler died in 1819, and his will was duly admitted to record in the County court of Pittsylvania. The sixth clause is as follows : “ 6th.
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This was an appeal from the decree of the Circuit court of Pittsylvania, in a suit instituted by the children of Henry Toler deceased, against Grafton Bennett and others. The only question in the case arose on the construction of the sixth clause of the will of Joseph Toler deceased. Joseph Toler died in 1819, and his will was duly admitted to record in the County court of Pittsylvania. The sixth clause is as follows : “ 6th. I give to my beloved daughter Mary Bennett, the tract of land she now lives on, bought of Greps. Also the following negroes: Aggy, Lazenberry, Locky and Sapy. My will…
1Opinion of the Court
Allen, P.
This case arises upon the sixth clause of the will of Joseph Toler deceased. By that clause he gave to his daughter Mary Bennett the land on which she then lived, and certain slaves; and the clause concludes with these words: “ My will is at the death of my daughter Mary Bennett that the land and negroes given to her shall be equally divided amongst her children.” At the testator’s death his daughter was married to Lewis Bennett, by whom she had several legitimate children. Previous to her marriage she had an illegitimate child by another man. The will bears date the 10th of July…
2Cases cited1 opinion
- Claytor v. AnthonySupreme Court of Virginia · 1828
3Cited by11 opinions
- In re Estate of WardellCalifornia Supreme Court · 1881
- Johnstone v. TaliaferroSupreme Court of Georgia · 1899
- Armstrong v. StoneSupreme Court of Virginia · 1852
- Dennis v. DennisTennessee Supreme Court · 1900
- In Re Estate of De CigaranCalifornia Supreme Court · 1907
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