Dunn v. Amey
Supreme Court of Virginia
John Campbell died, in 1819, having first made his last will and testament, dated July 5. 1818, whereby he devised and bequeathed as follows: “ I appoint James Shipherd, sadler of this said city my sole executor; no security to be required of him without so much as will justify all my just debts. The residue I confide in him to dispose of as I shall hereafter direct.
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John Campbell died, in 1819, having first made his last will and testament, dated July 5. 1818, whereby he devised and bequeathed as follows: “ I appoint James Shipherd, sadler of this said city my sole executor; no security to be required of him without so much as will justify all my just debts. The residue I confide in him to dispose of as I shall hereafter direct. I wish him to dispose of all my real estate, except as much as he may think to reserve for a house and a proportionable small garden for my slave Amy. I wish Mr. Shipherd to emancipate the above named Amy, and her child James, as…
1Opinion of the CourtCabell, J.
It was, unquestionably, the intention of the testator Campbell to emancipate the appellees; and his will is sufficient for that purpose, although it is not sealed.
It is not important to inquire, whether the will, ipso facto, emancipated the appellees, or whether that object remained to be accomplished by formal deeds to be executed by the executor. For the mere intention of the testator that the executor should emancipate them, conferred a right to freedom, which, though it could not be asserted in a court of law, ought to be enforced in a court of equity. Dempsey v. Lawrence, Gilm. 333.
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2Cited by16 opinions
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