Colvert v. Millstead's adm'x
Supreme Court of Virginia
In January 1798, William Millstead exhibited a bill against James Colvert, Samuel Colvert, and Isabella Bruce, in the then high court of chancery, setting forth, that Robert Colvert of Charles county, Maryland, died in 1757, and by his will bequeathed to his wife Charity, the use of four slaves, namely, Fanny, Sarah, Sue and Hannah, until his son Samuel should attain to full age; at which time, or at that son’s death, if that event should first happen, he 'bequeathed one…
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In January 1798, William Millstead exhibited a bill against James Colvert, Samuel Colvert, and Isabella Bruce, in the then high court of chancery, setting forth, that Robert Colvert of Charles county, Maryland, died in 1757, and by his will bequeathed to his wife Charity, the use of four slaves, namely, Fanny, Sarah, Sue and Hannah, until his son Samuel should attain to full age; at which time, or at that son’s death, if that event should first happen, he 'bequeathed one third of those slaves and their increase to his wife, and the other two thirds to and among his children Robert, John,…
1Opinion of the CourtCarr, J.
The first question I shall consider in this cause, is, whether the depositions taken in the suit brought at law by Millstead against Bruce, can be read hete? Without having made up my mind as to the effect of the objection to the competency of this evidence, if the exception had been timely taken in the court of chancery, I am of opinion, that such exception taken here, at this late day, cannot avail. It is to be remembered, that the question of title, with all the children of the testator Robert Colvert, was the same; all claimed the slaves under his will. Joseph Bruce, against whom the…
2Cases cited1 opinion
- Carter's v. CarterSupreme Court of Virginia · 1816