Summers v. Bean
Supreme Court of Virginia
Samuel Summers died prior to November 1845, having made his will, which was duly admitted to probat in the County court of Kanawha.
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Samuel Summers died prior to November 1845, having made his will, which was duly admitted to probat in the County court of Kanawha. The seventh clause of his will is as follows : “For the purpose of enabling my affectionate wife Wilelmira to rear and educate my younger children, as well as to secure to her and such of my children a comfortable home, as may remain with her after my death, after paying off my debts and the specific legacies herein before given, I give and devise to my beloved wife all the rest and residue of my estate, both real and personal, for and during her widowhood; but…
1Opinion of the CourtMoncure, J.
The first objection taken to the decree of the Circuit court is that the appellee has an adequate remedy at law, and that a court of equity has therefore no jurisdiction of the case. In answer to this objection it is contended that he has not an adequate remedy at law, first, because of the nature of the subject of the contract, being slaves; and secondly, because of the contingent and uncertain interest contracted for, being an estate for life or widowhood. I will consider these answers in their order. And first, as to the nature of the subject of the contract.
This is believed to be the…
2Cases cited1 opinion
- Randolph v. RandolphSupreme Court of Virginia · 1828
3Cited by3 opinions
- Bumgardner v. LeavittWest Virginia Supreme Court · 1891
- Baker v. RinehardWest Virginia Supreme Court · 1877
- Walker v. HuntWest Virginia Supreme Court · 1868