Osborne v. Taylor's adm'r
Supreme Court of Virginia
Previous to the 2nd day of February 1835, Thomas 0. Taylor departed this life, having first made his will, which was duly admitted to probat in the County court of Powhatan. By the first clause of his will, which was wholly written by himself, he directs all his debts to be paid; though he expresses the belief that there are none.
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Previous to the 2nd day of February 1835, Thomas 0. Taylor departed this life, having first made his will, which was duly admitted to probat in the County court of Powhatan. By the first clause of his will, which was wholly written by himself, he directs all his debts to be paid; though he expresses the belief that there are none. By the second, third and fourth clauses, he directs certain of his slaves to be liberated, or at their option to remain in the state and choose masters. The sixth, seventh and eighth clauses of the will are as follows: Sixthly. The residue of my property, both real…
1Opinion of the CourtSamuels, J.
The appellants’ counsel in the argument here insisted, that the slaves were improperly made parties in this ease, (referring to the case of McCandlish v. Edloe, 3 Gratt. 330,) and that a decree of emancipation can be rendered only in a suit brought in forma pauperis for the recovery of freedom; and that, for these reasons, the Circuit court erred in deciding the question as to the condition of the slaves. In answer it may be said that Hancock having the alleged *126slaves in liis possession, and being unwilling to decide the conflicting claims between them and Taylor’s next of kin, might be…
2Cases cited4 opinions
- Greenlee's adm'r v. BaileySupreme Court of Virginia · 1838
- Austin v. RichardsonSupreme Court of Virginia · 1844
- Forward's adm'r v. ThamerSupreme Court of Virginia · 1853
- Peter v. HargraveSupreme Court of Virginia · 1848
3Cited by11 opinions
- Jones's v. Jones'sSupreme Court of Virginia · 1896
- Bailey v. Poindexter's ex'orSupreme Court of Virginia · 1858
- Bailey v. Poindexter's ex'orSupreme Court of Virginia · 1858
- Bailey v. Poindexter's ex'orSupreme Court of Virginia · 1858
- Goodhue v. ClarkSupreme Court of New Hampshire · 1859
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