Nelson's adm'r v. Cornwell
Supreme Court of Virginia
Jesse Cornwell of the county of Prince William, died in 1805, leaving a owill, which does not seem to have been recorded until August 1813. By his will he gave to his wife Constance Cornwell, the whole of his estate whilst she remained his widow. But if she should marry again, or upon her death without marrying, his whole estate, after the payment of his debts, was to be divided equally amongst his children: And he appointed her and his son Gustavus his executors.
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Jesse Cornwell of the county of Prince William, died in 1805, leaving a owill, which does not seem to have been recorded until August 1813. By his will he gave to his wife Constance Cornwell, the whole of his estate whilst she remained his widow. But if she should marry again, or upon her death without marrying, his whole estate, after the payment of his debts, was to be divided equally amongst his children: And he appointed her and his son Gustavus his executors. At Cornwell’s death he left five children, his son Gustavus who died in the life time of his mother, intestate and unmarried, and…
1Opinion of the CourtMoncure, J.
The questions which arise in this case are: First. *736Whether a court of chancery has jurisdiction of it? Secondly. Whether the slaves in controversy belonged to the estate of Jesse Cornwell instead of to Constance Cornwell, at the time of her death ? Thirdly. Whether the claim of the appellee John Cornwell to the said slaves is concluded by the award of 1829, and the award, decree and other proceedings in the suit of Kitty Cornwell against Thomas Nelson, administrator of Jesse and executor of Constance Cornwell and others? And fourthly. Whether it is concluded by the act of limitations, or by…
2Cited by7 opinions
- Bloss v. HullWest Virginia Supreme Court · 1886
- Tennant v. DivineWest Virginia Supreme Court · 1884
- Hart v. DarterSupreme Court of Virginia · 1907
- Bassett's Adm'r v. Cunningham's Adm'rSupreme Court of Virginia · 1853
- Evans v. SpurginSupreme Court of Virginia · 1854
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