Deane v. Hansford
Supreme Court of Virginia
Thomas CooJce, late of King Sf Queen, died in the year 1806, and by his last will and testament, bequeathed as follows: “ After my wife’s decease, I lend to my daughter Mary Deane one negro Hannah, Vennah, Amey (in possession) and one boy Nelson, one bed and furniture, one cow and. calf with their increase, with all the increase of the said negroes, during her life; and after her death, lend the said negroes and bed to my grandson Thomas Deane and his heirs of his body; if…
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Thomas CooJce, late of King Sf Queen, died in the year 1806, and by his last will and testament, bequeathed as follows: “ After my wife’s decease, I lend to my daughter Mary Deane one negro Hannah, Vennah, Amey (in possession) and one boy Nelson, one bed and furniture, one cow and. calf with their increase, with all the increase of the said negroes, during her life; and after her death, lend the said negroes and bed to my grandson Thomas Deane and his heirs of his body; if he should die without a lawful heir, I give and bequeath the said negroes with all their increase and the said bed to the…
1Opinion of the CourtParker, J.
I am clearly of opinion, that the limitation over to the children of Elizabeth Lee, contained in the will of Cooke, is too remote, being after a quasi estate tail to Thomas Deane; and as this point puts an end to the case, it is unnecessary to notice any other.
After the death of Mary Deane, the testator lends certain slaves and their increase to his grandson Thomas Deane “ and his heirs of his body; and if he should die without a lawful heir,” he bequeaths the slaves and their increase to the children of his daughter mrs. Lee. There is nothing here, to confine the failure of the heirs of the…
2Cases cited2 opinions
- Dunn v. BrayCourt of Appeals of Virginia · 1798
- Griffith v. ThomsonSupreme Court of Virginia · 1829