Legal Opinion

Smith v. Perry

Supreme Court of Virginia

Decided June 18, 1885PublishedCited by 11 opinions

Appeal from decree of circuit court of Wythe county, rendered 7th December, 1881, in a chancery suit wherein Allen Smith is complainant, a1ld Oharles Perry, administrator of Edmond Smith, deceased, and Westley Johnson and Richard Olark are defendants. The object of the suit is to sett'e the estate and distribute the same, the complainant claiming to be the father and sole heir and distributee of the intestate. The defendants, Johnson and.

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Appeal from decree of circuit court of Wythe county, rendered 7th December, 1881, in a chancery suit wherein Allen Smith is complainant, a1ld Oharles Perry, administrator of Edmond Smith, deceased, and Westley Johnson and Richard Olark are defendants. The object of the suit is to sett'e the estate and distribute the same, the complainant claiming to be the father and sole heir and distributee of the intestate. The defendants, Johnson and. Clark, contended that the intestate was a bastard, and that they were Ms next of kin on bis maternal side, and consequently Ms lawful heirs, and filed…

1Opinion of the CourtLacy, J.

The appellant instituted his suit in the circuit court of Wythe county, against the appellee as the administrator of one Edmond Smith, dec’d, for an account and distribution of the said estate, claiming to be entitled to the same as the father and heir at law of the said Edmond Smith, dec’d, and against the appel-lees, Johnson and Clark. That the said appellant was a colored person and a slave before the passage of the act of assembly of Eeb’y 27th, 1866, “to legaliz'e the marriages of colored persons then cohabiting as husband and wife;” that at the time of the passage of the said act, he…

2Cited by11 opinions

  1. T v. TSupreme Court of Virginia · 1976
  2. Armstrong v. StoneSupreme Court of Virginia · 1852
  3. Gibson v. GibsonSupreme Court of Virginia · 1967
  4. Lemons v. HarrisSupreme Court of Virginia · 1914
  5. Francis v. TazewellSupreme Court of Virginia · 1917

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