Jincey v. Winfield's Adm'r
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Sussex county by Jincey and others against Patrick H. Jones administrator with the will annexed of Mary Winfield deceased, George Field and John D. Rag-land, to assert their right to freedom. The plaintiffs had *been the slaves of Mary Winfield in her lifetime, and were emancipated by her will.
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This was a suit in equity in the Circuit court of Sussex county by Jincey and others against Patrick H. Jones administrator with the will annexed of Mary Winfield deceased, George Field and John D. Rag-land, to assert their right to freedom. The plaintiffs had *been the slaves of Mary Winfield in her lifetime, and were emancipated by her will. The will was duly admitted to probat in the County court of Sussex in March 1847, when the executor named therein refused to qualify, and administration with the will annexed was granted to Patrick H. Jones. But there was an appeal from this order to…
1Opinion of the CourtMoncure, J.
I will first consider the case of Jincey & als. paupers v. Winfield’s adm’r & als.
Since 1782 an owner of slaves has been authorized to emancipate them in either of two modes prescribed by law, one of which is by last will and testament. This right of the owner is subordinate to that *of his creditors to subject his estate to the payment of his debts; and by express provision of the act of 1792, slaves *357so emancipated are “liable to be taken by execution to satisfy any debt contracted by the person emancipating them, before such emancipation is made.” When slaves are emancipated by will they…
2Cases cited1 opinion
- Dunn v. AmeySupreme Court of Virginia · 1829
3Cited by3 opinions
- Wood v. HumphreysSupreme Court of Virginia · 1855
- Wood v. HumphreysSupreme Court of Virginia · 1855
- Wood v. HumphreysSupreme Court of Virginia · 1855