Legal Opinion

Seaburn's Ex'or v. Seaburn

Supreme Court of Virginia

Decided October 15, 1859PublishedCited by 15 opinions

Nathaniel Seaburn, late of the county of Warwick, died without issue (having never been married), leaving- a will bearing- date the 7th day of January 1S59, which, after providing for a sale of all his estate, real and personal, on certain terms therein mentioned, contains the following clauses: “3d. 1 desire my executor to see to and have built, a good and comfortable brick church, on the land attached to Mulberry island church, and to pay for the game out of money arising-…

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Nathaniel Seaburn, late of the county of Warwick, died without issue (having never been married), leaving- a will bearing- date the 7th day of January 1S59, which, after providing for a sale of all his estate, real and personal, on certain terms therein mentioned, contains the following clauses: “3d. 1 desire my executor to see to and have built, a good and comfortable brick church, on the land attached to Mulberry island church, and to pay for the game out of money arising- from the sales of my estate, and I desire that said church shall have a comfortable gallery for colored persons, to be…

1Opinion of the CourtMoiicure, J.

After stating the case, he proceeded as follows:

In the case of Gallego’s ex’ors v. The Attorney General, 3 Leigh 450, it was held, that the English doctrine in regard to indefinite charities does not prevail in this state; that it was founded, mainly if not entirely, upon the statute 43 Elizabeth, called the statute of charitable uses, which, if it ever was in force here, was ^'repealed by the general repealing act of 1792; that charitable bequests stand on the same footing with us as all other bequests, and will alike be sustained or rejected by courts of equity; and that a bequest of money…

2Cases cited1 opinion

  1. Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819

3Cited by15 opinions

  1. Estate of HinckleyCalifornia Supreme Court · 1881
  2. Wilson v. PerryWest Virginia Supreme Court · 1886
  3. Hays v. HarrisWest Virginia Supreme Court · 1913
  4. Carskadon v. TorreysonWest Virginia Supreme Court · 1880
  5. Bible Society v. PendletonWest Virginia Supreme Court · 1873

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