Seaburn's Ex'or v. Seaburn
Supreme Court of Virginia
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upon the statute 43 Elizabeth, called the statute of charitable uses, which, if it ever was in force here, was ^'repealed by the general repealing act of 1792; that charitable bequests stand on the same footing with us as all other bequests, and will alike be sustained or rejected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
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
3Cited by15 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- Wilson v. PerryWest Virginia Supreme Court · 1886
- Hays v. HarrisWest Virginia Supreme Court · 1913
- Carskadon v. TorreysonWest Virginia Supreme Court · 1880
- Bible Society v. PendletonWest Virginia Supreme Court · 1873
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