Wood v. Humphreys
Supreme Court of Virginia
Joseph Pierce, of Westmoreland county, died in 1798, leaving a will, which was duly admitted to probat. By one clause of his will he gave a negro woman and her four children to one of his daughters. In another clause he says he has set at liberty five ne-groes whom he names, and he wishes that they shall continue so. He then names five other negroes, who he says he cannnot think of leaving slaves for life; and therefore they are to be at liberty at the end of five years.
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Joseph Pierce, of Westmoreland county, died in 1798, leaving a will, which was duly admitted to probat. By one clause of his will he gave a negro woman and her four children to one of his daughters. In another clause he says he has set at liberty five ne-groes whom he names, and he wishes that they shall continue so. He then names five other negroes, who he says he cannnot think of leaving slaves for life; and therefore they are to be at liberty at the end of five years. The testator then names separately eighteen other slaves, and directs that each of them shall be freed after a certain…
1Opinion of the CourtMoncure, J.
The questions arising in this case are, first, Did the testator intend that not only the children of Nancy, but all her remoter descendants, born whilst their mothers continued in servitude, should serve until they became thirty-one years of age, and then be free? And if he did, secondly, Was such intention lawful? I will consider these questions in their order.
First, as to the intention of the testator:
It was decided in Maria v. Surbaugh, 2 Rand. 228, that where a female slave is entitled to freedom in futuro, her increase born while she continues in servitude are slaves. That decision has…
2Cases cited3 opinions
- Greenlee's adm'r v. BaileySupreme Court of Virginia · 1838
- Isaac v. West'sSupreme Court of Virginia · 1828
- Jincey v. Winfield's Adm'rSupreme Court of Virginia · 1853