Legal Opinion

Bates v. Holman

Supreme Court of Virginia

Decided April 15, 1809Published

Charles Fleming Bates, attorney at law, at that time an unmarried man, on the 16th of November, 1799, made the following will: “It is the earnest request of C. F. Bates, that George Holman (his most particular friend) will take upon himself the burden of the execution of this instrument, which is intended for the last will and testament *of the subscriber, and that he will hold all the property of which the subscriber may die possessed, and not otherwise disposed of, in…

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Charles Fleming Bates, attorney at law, at that time an unmarried man, on the 16th of November, 1799, made the following will: “It is the earnest request of C. F. Bates, that George Holman (his most particular friend) will take upon himself the burden of the execution of this instrument, which is intended for the last will and testament *of the subscriber, and that he will hold all the property of which the subscriber may die possessed, and not otherwise disposed of, in trust for the benefit of the family of Thomas F. Bates, and principally for the benefit of Caroline M. Bates, and under her…

1Opinion of the Court

JUDGE TUCKER

delivered the following opinion, on the first argument.

*This case has been very ably and elaborately argued by the counsel on both sides. A great deal has been said upon the evidence, and not a few remarks have been thrown out on the conduct of the parties. The testimony in my opinion may well be reconciled: all the witnesses appear to be persons of clear understandings and respectable characters: they all speak of conversations with the testator at different times, and in different places, and all those conversations (except the few words which one of the witnesses heard him say…

2Cases cited1 opinion

  1. Glasscock v. Smither & HuntCourt of Appeals of Virginia · 1798

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