Bailey v. Poindexter's ex'or
Supreme Court of Virginia
This was a bill filed ia April 3854 ia the Circuit eourt ef New Kent, by Eichmond T. Lacy, executor of John L. Poindexter, to obtain a construction of the will of Poindexter, and directions for the guidance of the executor. The heirs and devisees of Poindexter, and persons claiming under them, were the defendants in the suit. The difficulty in the construction of the will related to the provisions in relation to his slaves.
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This was a bill filed ia April 3854 ia the Circuit eourt ef New Kent, by Eichmond T. Lacy, executor of John L. Poindexter, to obtain a construction of the will of Poindexter, and directions for the guidance of the executor. The heirs and devisees of Poindexter, and persons claiming under them, were the defendants in the suit. The difficulty in the construction of the will related to the provisions in relation to his slaves. The will was made in November 1835, and was admitted to probate in December of the same year. By the first clause of the will the testator gives to his nephew Jaqueline L.…
1Opinion of the CourtDaniel, J.
There does not seem to me to be any serious doubt as to the intention of the testator in respect to the emancipation of his slaves.
The language of the main clause in the will bearing on the subject is as follows : “ The negroes loaned my wife, at her death I wish to have their choice of being emancipated or sold publicly. If they prefer being emancipated, it is my wish they be hired out until a sufficient sum is raised to defray their expenses to a land where they can enjoy freedom; and if there should *187not be enough of the perishable property loaned my wife to pay off the legacies to Ann…
2Cases cited5 opinions
- Smith's adm'r v. BettySupreme Court of Virginia · 1854
- Rankin v. BradfordSupreme Court of Virginia · 1829
- Hepburn v. DundasSupreme Court of Virginia · 1856
- Osborne v. Taylor's adm'rSupreme Court of Virginia · 1855
- Kelly v. Kelly's ExecutorsSupreme Court of Virginia · 1828