Paup's adm'r v. Mingo
Supreme Court of Virginia
William Walker, late of Brunswick, who died in 1789, by his last will and testament, devised and bequeathed as follows: “ After my debts are paid and all accounts together with merchants’ accounts are settled and discharged by my executors hereafter named, I give my beloved wife Sarah the land I now live on during her life, and all the stock of each kind, and the household furniture, until my daughter Sarah and my son Leonard come of age or marry; then they shall have as…
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William Walker, late of Brunswick, who died in 1789, by his last will and testament, devised and bequeathed as follows: “ After my debts are paid and all accounts together with merchants’ accounts are settled and discharged by my executors hereafter named, I give my beloved wife Sarah the land I now live on during her life, and all the stock of each kind, and the household furniture, until my daughter Sarah and my son Leonard come of age or marry; then they shall have as much of either of these articles, together with stock of each kind, as she can spare—And the above land, after my wife’s…
1Opinion of the CourtCarr, J.
A question was made in the argument, whether the will of the testator Walker was an effectual instrument of emancipation of his slaves; but that question is not open for inquiry, unless the decree of June 1809, by which they were directed to be manumitted, can be examined by the court. It certainly cannot: it was a final decree, from which no appeal was ever taken, and none can now be taken: and if the decree were examinable as to the question of emancipation, the appellants have not raised it in their bill recently exhibited; they there ask only the surplus of the profits. On the other hand,…
2Cases cited1 opinion
- Hendren v. ColginSupreme Court of Virginia · 1814