Merrymans v. Merryman
Supreme Court of Virginia
The controversy in this case turned upon the construction of the Will of Peter Sublett deceased. The Testator made sundry devises and bequests to his sons, respectively; con-eluding each clause with the words, “ to Mm and his heirs forever.” He afterwards gave to his daughter Mary Merryman five negroes, and their future increase, “ to her and her children forever.”
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The controversy in this case turned upon the construction of the Will of Peter Sublett deceased. The Testator made sundry devises and bequests to his sons, respectively; con-eluding each clause with the words, “ to Mm and his heirs forever.” He afterwards gave to his daughter Mary Merryman five negroes, and their future increase, “ to her and her children forever.” Under this clause, her husband, Francis Merryman,' had possession of the slaves, and sold or otherwise disposed of them, as his absolute property. After her death, her children Peter Merryman and others filed their Bill, in the…
1Opinion of the Court
March 1st, 1817.
Judge Roane
pronounced the Court's opinion.
“ The Court is of opinion, (hat, although a devise to a married woman, ‘ and her children, and their heirs,11 will give a joint estate of inheritance to her and such of her children as are living at the time ; and although the term e childrerd is not to be taken as synonymous with issue, except to effectuate the manifest intention of the Testator 5 the said term is *442so to be taken in this case; it not being intended to denote the devisee or devisees, who were to take, nor to reduce the portion of the interest of the mother in and to the…
2Cited by7 opinions
- Dunn v. DavisSupreme Court of Alabama · 1847
- Wills v. FoltzWest Virginia Supreme Court · 1907
- Echols v. JordanSupreme Court of Alabama · 1863
- Graham v. GrahamWest Virginia Supreme Court · 1870
- Graham v. GrahamWest Virginia Supreme Court · 1870
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