Wallace v. Dold's ex'ors
Supreme Court of Virginia
Philip Dold late of Augusta county, died in 1819, having by his last will and testament,—after devising and bequeathing a tract of land, four slaves and 2000 dollars, to his son Jesse Dold, four slaves and 1000 dollars to his daughter Catharine Lawrence, and three slaves and 1000 dollars to his daughter Nancy Morgan, directly and absolutely,—devised and bequeathed as follows : “ I give to my friends W. Miller and A. Stuart,” two parcels of landj three slaves by name, and 100…
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Philip Dold late of Augusta county, died in 1819, having by his last will and testament,—after devising and bequeathing a tract of land, four slaves and 2000 dollars, to his son Jesse Dold, four slaves and 1000 dollars to his daughter Catharine Lawrence, and three slaves and 1000 dollars to his daughter Nancy Morgan, directly and absolutely,—devised and bequeathed as follows : “ I give to my friends W. Miller and A. Stuart,” two parcels of landj three slaves by name, and 100 dollars, “ which land, slaves and money, I request my said trustees to hold in trust for the following purposes, and…
1Opinion of the CourtCarr, J.
This case depends upon the construction to be given to that clause of Philip Dold’s will, under which the appellants claim. The case is certainly not clear of doubt; but, after the best consideration I can give it, I strongly incline to think the chancellor’s understanding of the will is the true one.
There is nothing technical in the will; the simple inquiry is, what this testator meant by the words he has used ? In such an inquiry, I do not think we can derive any aid from reported cases. The testator had six children; two sons and four daughters. He seems to have intended to deal upon the…
2Cases cited1 opinion
- Land v. OtleyCourt of Appeals of Virginia · 1826