Graves v. Graves

Some of the forced heirs of Mrs. Elonor Graves deceased, brought this suit to set aside her last will and testament as defective in form and illegal in substance.

The alleged illegality in the disposing part of her will consists in the bequest of six slaves, constituting nearly four fifths of the succession, to her son Daniel W. Graves, thereby depriving her numerous other children of their legitime. The plaintiffs claim that the legacy should be reduced to the disposable portion.

But, by the terms of the will, this is purely a remuneratory donation. The expressions of the testatrix are “for…