Legal Opinion

Barksdale v. White

Supreme Court of Virginia

Decided March 16, 1877PublishedCited by 15 opinions

This was a suit in equity instituted in the circuit court of Halifax county, by David H. White and others, grandchildren of James McOargo, to have a construction of the will of said McOargo.

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This was a suit in equity instituted in the circuit court of Halifax county, by David H. White and others, grandchildren of James McOargo, to have a construction of the will of said McOargo. It appears that Martha McOargo, one of the children of James McOargo, married John J. Watson, and surviving him died without children; and the question intended to be raised is, which of the grandchildren of James McCargo were entitled to the property bequeathed to the said Martha in the third clause of his will. The will is set out in the opinion of Judge Christian, except a codicil, which this court…

1Opinion of the CourtChristian, J.

The question in this case depends altogether upon the construction of the will of James McCargo.

The testator, after directing the payment of his debts and after making a liberal provision for his wife, made the following disposition of his property for the benefit of his daughters:

3d. I give to my daughter, Martha McCargo, five choice negroes, sueh as she may think proper to select from my estate, one yoke oxen, four cows and calves, one best horse, saddle and bridle, ten head sheep, two sows and pigs, four hundred pounds pork, two beds and furniture, one black walnut bureau, one small *226chest…

2Cases cited1 opinion

  1. Rayfield v. GainesSupreme Court of Virginia · 1866

3Cited by15 opinions

  1. Wornom v. Hampton Normal & Agricultural InstituteSupreme Court of Virginia · 1926
  2. Senger v. Senger's Ex'orSupreme Court of Virginia · 1886
  3. Gaskins v. HuntonSupreme Court of Virginia · 1896
  4. Smith v. Fox's Adm'rSupreme Court of Virginia · 1887
  5. Criner v. GearyWest Virginia Supreme Court · 1916

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