Craig v. Leslie
Supreme Court of the United States
‘ This was a case certified from the circuit court' for the district of Virginia, in which the opinions of the judges of that court were opposed on the followihg 'question ; viz.
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‘ This was a case certified from the circuit court' for the district of Virginia, in which the opinions of the judges of that court were opposed on the followihg 'question ; viz. Whether the legacy given' to Thomas Qraig, an alien; in the'will of Robert Craig, is to be considered as a devise, which he can take only for. the benefit of the commonwealth, and cannot hold ; or a bequest of a personal chattel, which he could take for his own benefit? This- question grows-out of the .will of Robert Craig? •a citizen of Virginia, and arose in a suit brought on the equity side of the circuit , court…
1Opinion of the Court
Mr, Justice Washington
delivered the opinion of the court. The incapacity of an alien to take, and to hold beneficially, a legal or equitable estate in real property, is not disputed by the counsel for the plaintiff; and it is admitted by the counsel for the state of *577Virginia, that this incapacity does not extend to personal estate. The only inquiry,, then,-which this court has to make is, whether the aboye clause in the will of Robert Craig, is to be construed, under all the circumstances of this case, as a bequest to Thomas Craig of personal property, or as a devise of the land itself?.…
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