Legal Opinion

Taylor v. Yarbrough

Supreme Court of Virginia

Decided March 1, 1856PublishedCited by 2 opinions

By deed bearing date the 17th of July 1823, Robert Taylor, for divert good causes and considerations, but more especially for and in consideration of natural love and affection, conveyed to his daughter Patty Deshazor four certain young negroes named Daphney, Cassandra, Wiley and Armstead, children of Nelly, and Rachel and Jenny, together with all the future increase of the said three women from and after the date of the deed.

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By deed bearing date the 17th of July 1823, Robert Taylor, for divert good causes and considerations, but more especially for and in consideration of natural love and affection, conveyed to his daughter Patty Deshazor four certain young negroes named Daphney, Cassandra, Wiley and Armstead, children of Nelly, and Rachel and Jenny, together with all the future increase of the said three women from and after the date of the deed. And the deed recites that he had lent the three women Nelly, Rachel and Jenny to Mrs. Deshazor for her life. At the time of the execution of this deed John Deshazor,…

1Opinion of the CourtLee, J.

The interest granted to Mrs. Deshazor in the negroes Nelly Eachel and Jenny by her father’s deed being for her life only, of course whatever right Johm Deshazor acquired in them terminated upon her death, and accordingly Eachel and Jenny were surrendered to her father, the other, Nelly, having died some time previously. And as the appellees admit that as to two-thirds of the increase born after the death of John Deshazor they have lost their right by lapse of time and as those born previously have been heretofore divided, the only subject of controversy here is the undivided third part of the…

2Cases cited2 opinions

  1. Gregory's Administrator v. Marks's AdministratorSupreme Court of Virginia · 1823
  2. Smith v. ScudderSupreme Court of Pennsylvania · 1824

3Cited by2 opinions

  1. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  2. Carroll v. PatrickNebraska Supreme Court · 1888

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