Parsons v. M'Cracken
Supreme Court of Virginia
The will of James Parsons was admitted to record in the county court of Hardy on the 13th of April 1813; and on the same day, Rebecca Parsons and Isaac Parsons qualified as executrix and executor.
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The will of James Parsons was admitted to record in the county court of Hardy on the 13th of April 1813; and on the same day, Rebecca Parsons and Isaac Parsons qualified as executrix and executor. By a transcript from the records of the said court, it appeared that the will contained, amongst other things, the following clause: “ I give and bequeath to my three daughters Betsy, Amanda Malvina and Rebecca Parsons 1000 dollars each, to be paid to them out of my home place, by my son James Parsons, when they arrive at twenty-one years, and to their heirs. And to Betsy I give negroes Sally and…
1Opinion of the CourtParker, J.
The decree in this case ought in my opinion to be reversed, and the bill dismissed with costs.
In the view I take of the law applicable to the facts stated in the record, it is not very material to determine whether the girl Helen delivered to James Parsons the younger by the executrix and executor of the testator, was the one intended for Rebecca the complainant, or not. There is certainly sufficient indistinctness in the handwriting of the original will, to render it a very doubtful question of fact, whether the testator wrote Helen or Harriet; which ought to have been submitted to a jury,…
2Cases cited7 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Bradstreet v. ClarkeNew York Supreme Court · 1834
- Eager v. CommonwealthMassachusetts Supreme Judicial Court · 1808
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