Phœbe v. Boggess
Supreme Court of Virginia
At the quarterly term of the county court of Marion, for March 1844, Phoebe, and six others, who had been the slaves of Richard Boggess, deceased, offered for probat a paper writing, as containing his nuncupative will.
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At the quarterly term of the county court of Marion, for March 1844, Phoebe, and six others, who had been the slaves of Richard Boggess, deceased, offered for probat a paper writing, as containing his nuncupative will. By this paper, Boggess emancipated these slaves; and directed all the rest of his estate, both real and personal, to be sold; and after the payment of his debts, that the balance of the proceeds of the sale should be invested in land in the western part of Pennsylvania, for their benefit. The admission of this paper writing to probat was resisted by Caleb, and Albertus Boggess,…
1Opinion of the CourtAllen, J.
The court is of opinion, that the statute authorizes two modes of emancipation; one, by last will and testament ; the other, by an instrument of writing executed, attested, proved or acknowledged in the mode prescribed. That the last will and testament intended, is such last will and testament, so executed and proved, as to constitute by the law a valid testamentary disposition of property, of the kind referred to in it. That the mode in which a valid disposition might be made by last will and testament, had been previously regulated; and it was not the purpose of the statute, by attaching…
2Cited by6 opinions
- McFarland v. LarkinIllinois Supreme Court · 1895
- In re Probate of Matter Which is Alleged to be the Nuncupative Will of MaleNew Jersey Superior Court Appellate Division · 1892
- Reese v. HawthornSupreme Court of Virginia · 1853
- Reid's adm'r v. BlackstoneSupreme Court of Virginia · 1858
- Reid's adm'r v. BlackstoneSupreme Court of Virginia · 1858
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