Liggon v. Fuqua
Supreme Court of Virginia
Thomas Liggon died, under twenty one years of-age, without issue, having title to certain real estate derived by descent immediately from John Liggon his father.— The appellee Mary, wife of Giles Fuqua, was his paternal grandmother; the appellant Iviggon, his paternal uncle; and these were his only relations in the paternal line, living at the time of his death.
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Thomas Liggon died, under twenty one years of-age, without issue, having title to certain real estate derived by descent immediately from John Liggon his father.— The appellee Mary, wife of Giles Fuqua, was his paternal grandmother; the appellant Iviggon, his paternal uncle; and these were his only relations in the paternal line, living at the time of his death. Fuqua and wife filed their Bill in the Superior Court of Chancery for the Richmond District, for partition of the said real estate; Mrs. Fuqua, as grandmother of the deceased, claiming to be co-heir and parcener with his Uncle.…
1Opinion of the Court
The following was this Court’s opinion, pronounced by
JUDGE ROANE.
As the land in the case before us was derived to the infant from his father, and as it is admitted that he died leaving one or more brothers or sisters of the half blood on the part of the mother, the Court is of opinion that the case comes strictly within the 5th section of the act of descents, Rev. Code of 1794, p. 168. This case then is withdrawn from the general operation of the Act, not only for the purpose of excluding the half brothers and sisters, but also for that of shewing who is to take. In this case, the brother of…
2Cases cited35 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Carney v. KainWest Virginia Supreme Court · 1895
- Staples' Ex'ors v. StaplesSupreme Court of Virginia · 1888
- Hannon v. HounihanSupreme Court of Virginia · 1888
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
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