Parks v. Hewlett
Supreme Court of Virginia
Suit for freedom in the circuit court of Kanawha county, by William Hewlett and Taylor Hewlett, suing in for-ma pauperis by Lavinia their mother and next friend, against Andrew Paries.
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Suit for freedom in the circuit court of Kanawha county, by William Hewlett and Taylor Hewlett, suing in for-ma pauperis by Lavinia their mother and next friend, against Andrew Paries. It appeared at the trial that Edmund Edrington had executed an instrument in writing, purporting to emancipate and set free his slave Lavinia, which concluded in these words : “In testimony whereof, I have hereunto set my hand, this 21st day of October in the year of our Lord one thousand eight hundred and seventeen. Edmund Edrington (Seal.) Signed, sealed and acknowledged in presence of us Alex’r 11. St.…
1Opinion of the CourtParker, J.
The first question naturally arising in this case, and to be first decided, is whether the instrument of writing executed by Edrington, purporting to emancipate Lavinia the mother of the defendants in error, which is dated the 21st of October 1817, and was recorded in the corporation court of Staunton on the 17th of the next month, be or be not made in pursuance of the act of assembly, 1 Rev. Code, ch. 111. ^ 53. p. 4:33.
*513The objection is, that it is not a sealed instrument; and by the act it is only made lawful “ for any person, by his or her last will and testament, or by any other…
2Cases cited4 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Sayward v. CarlsonWashington Supreme Court · 1890
- Anderson v. Bullock & MarshallSupreme Court of Virginia · 1815
- Taylor v. GlaserSupreme Court of Pennsylvania · 1816
3Cited by4 opinions
- Carklin v. GrigsbyDistrict Court, D. Alaska · 1938
- Hunter v. HumphreysSupreme Court of Virginia · 1858
- Hunter v. HumphreysSupreme Court of Virginia · 1858
- Hunter v. HumphreysSupreme Court of Virginia · 1858