Henderlite v. Thurman
Supreme Court of Virginia
Thomas Thurman, of Smyth county, died, leaving a will which was admitted to probate in the Circuit court of the county on the 6th of April 1863. JBy his will he gave his estate, which consisted of houses and lots iu the town of Marion and slaves, to his three sons, "William, Thomas and Edward, and the two children of his son John, living in Memphis, Tennessee, they to take one share.
Read the full summary
Thomas Thurman, of Smyth county, died, leaving a will which was admitted to probate in the Circuit court of the county on the 6th of April 1863. JBy his will he gave his estate, which consisted of houses and lots iu the town of Marion and slaves, to his three sons, "William, Thomas and Edward, and the two children of his son John, living in Memphis, Tennessee, they to take one share. On the 27th of April 1863, the three sous living iu Virginia, two of whom were the executors of the will, filed their bill in the Circuit court of Smyth county against the two children of John Thurman, who were…
1Opinion of the CourtStaples, J.
This case has been twice ably and elaborately argued before this court. As the first argument was before three judges only, a ré-argument before a full court was requested. That argument was heard at the last term held in Wytheville—all the judges being present. It becomes my duty now to announce their unanimous decision, and thereasons upon which that decisionis based.
The controlling question in the case is as to the effect of the proclamation issued by President Lincoln on the first day of January 1868, and known as the emancipation proclamation. On the one hand, it is maintained, that this…
2Cited by4 opinions
- Erwin v. NolanSupreme Court of Missouri · 1920
- Ward v. ChurnSupreme Court of Virginia · 1868
- Ward v. ChurnSupreme Court of Virginia · 1868
- Ward v. ChurnSupreme Court of Virginia · 1868