Nixon v. Rose
Supreme Court of Virginia
This was an action of detinue to recover a slave, brought in the Circuit court of Buckingham county in December 1848, in which Gustavus A. Rose, the survivor ■ of three trustees, was plaintiff, and George W. Nixon was defendant. Upon the trial the jury found a special verdict, which showed the following facts: That Mrs. Caroline M. Rose died in 1809, leaving a daughter Emily, then married to William R. Coupland.
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This was an action of detinue to recover a slave, brought in the Circuit court of Buckingham county in December 1848, in which Gustavus A. Rose, the survivor ■ of three trustees, was plaintiff, and George W. Nixon was defendant. Upon the trial the jury found a special verdict, which showed the following facts: That Mrs. Caroline M. Rose died in 1809, leaving a daughter Emily, then married to William R. Coupland. By her will she bequeathed to Gustavus A: Rose and two others, who had died before this action was commenced, jointly, six slaves by name, upon the following trust: “ To be held by…
1Opinion of the CourtMoncure, J.
I think that the-bequest of slaves and other property made by Mrs. .Rose to trustees for the use and benefit of . her daughter Mrs. Coupland, or her heirs, was of an absolute interest in the property, and not of a life estate only; and that the limitation over to her son Grustavus A. Rose or his heirs forever, in the event of the death of her said daughter without an heir or heirs of her body, is void for remoteness. The cases on this subject are very numerous; and it is unnecessary to review of even cite them; as, in the view which I take of this case, it is immaterial whether the said…
2Cases cited2 opinions
- Woodson v. PerkinsSupreme Court of Virginia · 1849
- Scott v. Gibbon & Co.Supreme Court of Virginia · 1816
3Cited by15 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Bank of Greensboro' v. ChambersSupreme Court of Virginia · 1878
- Justice v. EnglishSupreme Court of Virginia · 1878
- Robinson v. RandolphSupreme Court of Florida · 1885
- Miller v. Miller's Adm'rSupreme Court of Virginia · 1896
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