Clarkson v. Booth
Supreme Court of Virginia
This is an action of detinue brought for the recovery of slaves. The following is a statement of the case: John Clarkson by his will, dated and admitted to probate in 1817, made a bequest in the following words: * ‘I give and bequeath to my well beloved daughter Betsey Taylor and Major Abram Taylor her husband, Mealy and her children, by them freely to be possessed and enjoyed; and if it so happens the above Betsey Taylor die having no bodily heir, that she and Major Abram…
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This is an action of detinue brought for the recovery of slaves. The following is a statement of the case: John Clarkson by his will, dated and admitted to probate in 1817, made a bequest in the following words: * ‘I give and bequeath to my well beloved daughter Betsey Taylor and Major Abram Taylor her husband, Mealy and her children, by them freely to be possessed and enjoyed; and if it so happens the above Betsey Taylor die having no bodily heir, that she and Major Abram Taylor is to enjoy them during their life, but is not to remove the said negroes out of this state, and at their death to…
1Opinion of the Court
MONCURE, P.,
delivered the opinion of the court:
*435The court is of opinion that by the will of John Clarkson the slaves Mealy and her children, which were thereby given to his daughter Betsey Taylor and her husband Abram Taylor, were limited at the death of the survivor of them, to the rest of the testator’s children, upon the ^contingency of the death of his said daughter without issue living at her death. Although the words “and if it so happens that above Betsey Taylor die having no bodily heir, ’ ’ immediately following the bequest to her and her husband, might, standing by themselves and…
2Cases cited3 opinions
- Henry v. GravesSupreme Court of Virginia · 1861
- Harvey v. SkipwithSupreme Court of Virginia · 1863
- Layne v. Norris' adm'rSupreme Court of Virginia · 1861
3Cited by7 opinions
- Goshorn's Ex'rs v. County Court of Kanawha CountyWest Virginia Supreme Court · 1896
- Randolph v. WrightSupreme Court of Virginia · 1886
- Austin v. BrownWest Virginia Supreme Court · 1893
- Hale v. ClarksonSupreme Court of Virginia · 1873
- Nowlin v. ReynoldsSupreme Court of Virginia · 1874
2 more not listed; retrieve them via the Exa API.