Legal Opinion

Chichester v. Vass

Court of Appeals of Virginia

Decided November 13, 1797PublishedCited by 39 opinions

The declaration in this case, was as follows : eeAlexander Pass complains of Richard Chichester in custody, &c. for this to wit, that whereas on the 12th day of April, in the year 1789, at the Parish of Friero, in the County aforesaid, the said Richard Chichester the defendant, well knowing the affections and love of the said Alexander Pass were fixed on a certain Millisent Chichester, daughter of him the defendant, and well knowing that the affections and love of his said…

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The declaration in this case, was as follows : eeAlexander Pass complains of Richard Chichester in custody, &c. for this to wit, that whereas on the 12th day of April, in the year 1789, at the Parish of Friero, in the County aforesaid, the said Richard Chichester the defendant, well knowing the affections and love of the said Alexander Pass were fixed on a certain Millisent Chichester, daughter of him the defendant, and well knowing that the affections and love of his said daughter were fixed upon the said plaintiff, so that they the said plaintiff and the said Millisent were desirous of…

1Opinion of the Court

ROANE, Judge.

The bill of exceptions speaks of another letter.

Wickham. But no such is in the record.

Warden. The Clerk has made a memorandum, that it was read. '

Wickham. It must still be argued, as if no such letter existed, because it is not made part of the record. The promise was to do equal justice; and what was equal justice? Suppose one of his daughters was more needy than the others, then equal justice would consist in bestowing a larger portion on her, because the others could do with less. But, it is not only uncertain as to the sum, it is indefinite as to the kind of provision also;…

2Cases cited1 opinion

  1. State ex rel. Baker v. SnodgrassWashington Supreme Court · 1890

3Cited by39 opinions

  1. Joliet Steel Co. v. ShieldsIllinois Supreme Court · 1890
  2. Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
  3. Long v. CampbellWest Virginia Supreme Court · 1893
  4. Adkins v. CommonwealthSupreme Court of Virginia · 1940
  5. Gaffney v. StowersWest Virginia Supreme Court · 1913

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