Crow v. Crow
Supreme Court of Virginia
This case originated in the county court of Essex, whence it was carried by appeal to the superiour court of chancery of Fredericksburg, and brought thence by appeal to this court.
Read the full summary
This case originated in the county court of Essex, whence it was carried by appeal to the superiour court of chancery of Fredericksburg, and brought thence by appeal to this court. John Crow, by his last will and testament, after having by previous provisions, disposed of his land and some slaves and other property, bequeathed as follows : “ I devise and direct, that the balance of my slaves shall be equally divided between my children, to wit, the heirs of William Crow, namely, William, Robert, Patsey, JYancy, Henry, Ennis, and John, (heirs of William Crow deceased), Thomas, Moses, John…
1Opinion of the CourtCarr, J.
The sole question presented to the court, is, Whether, under the words of the will, the children of William Crow deceased, will take per capita, equal shares with Thomas, Moses and John, the children of the testator, or per stirpes, the share of their father, as the children of Mrs. Jones and Mrs. Crane take ?
In the construction of wills, I think it very often happens, that we, in the first place, make- up an opinion as to what the testator ought in justice to have done; that is, what we would in such a case have done; and then endeavour to find out reasons shewing that what he ought to have…
2Cited by9 opinions
- Horne v. HorneSupreme Court of Virginia · 1943
- Kling v. SchnellbeckerSupreme Court of Iowa · 1899
- Collins v. FeatherWest Virginia Supreme Court · 1902
- Walker v. WebsterSupreme Court of Virginia · 1897
- Hoxton v. GriffithSupreme Court of Virginia · 1868
4 more not listed; retrieve them via the Exa API.