Elder v. Elder's ex'or
Supreme Court of Virginia
Herbert Elder, late of Petersburg, died in June 1826, having by his last will and testament, after directing that all his debts should be paid, and bequeathing some trivial legacies, bequeathed and provided as follows: “ it is my will that my negro woman Clara, and her child Ann Eliza, and Clara's increase, be given to Gabriel Hissosway, in trust to be sent to Africa to the colony at Liberia, provided the expense of sending them will be defrayed by the colonization…
Read the full summary
Herbert Elder, late of Petersburg, died in June 1826, having by his last will and testament, after directing that all his debts should be paid, and bequeathing some trivial legacies, bequeathed and provided as follows: “ it is my will that my negro woman Clara, and her child Ann Eliza, and Clara's increase, be given to Gabriel Hissosway, in trust to be sent to Africa to the colony at Liberia, provided the expense of sending them will be defrayed by the colonization society—And it is my further will, that the remaining part of my negroes who may be willing to go, shall be left in trust to the…
1ConcurrenceCabell, J.
The intention of the testator to emancipate his slaves, is too evident to require argument; and it is equally clear, that there is nothing illegal in the mode which he has adopted, for the execution of that intention. Slaves may be emancipated by deed or will, at the pleasure of their owners : but they forfeit their freedom unless they remove, within twelve months, beyond the limits of the commonwealth. It can, therefore, be no objection to the emancipation, in this case, that the testator has directed it on the condition of their willingness to go to Liberia.
As to the objection that…
2Cases cited1 opinion
- Isaac v. West'sSupreme Court of Virginia · 1828