Virginia Reports: Jefferson--33 Grattan, 1730-1880

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Michie Company, 1903 - Law reports, digests, etc
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Has Richard and Caty Anderson lawsuit re her mother Susannah Fox

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Page 461 et seq.
Style: Elizabeth Upshaw v. Le Roy Upshaw, and Others (April, 1808).
At issue are slaves distributed by will of William Upshaw of Essex Co., Va. (Will, 17 Jan 1761; codicil, 1 June 1761; proved 17 Aug 1762.)

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Page 126 - It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 88 - Yet the lower rank of people, who were always fond of the old common law, still claim and exert their ancient privilege: and the courts of law will still permit a husband to restrain a wife of her liberty, in case of any gross misbehaviour.
Page 49 - ... whether the writing produced be the will of the testator or testatrix or not...
Page 3 - Co. of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " Tadeuskund, the Last King of the Lenape. An Historical Tale." In conformity to the Act of the Congress of the United States...
Page 139 - Every estate in lands, which shall be granted, conveyed or devised to one, although other words heretofore necessary to transfer an estate of inheritance be not added, shall be deemed a fee simple estate of inheritance, if a less estate be not limited by express words, or do not appear to have been granted, conveyed, or devised by construction or operation of law.
Page 71 - ... moreover, on the ground that freedom is the birthright of every human being, which sentiment is strongly inculcated by the first article of our political catechism, the Bill of Rights, — he laid it down as a general position, that whenever one person claims to hold another in slavery, the onus probandi (burden of proof] lies on the claimant.
Page 141 - ... that, in the construction of a will, the intention of the testator, as expressed in it, and collected from the whole of it, must prevail, provided it can be carried into effect...
Page 392 - States, and shall bear interest at the rate of five per centum per annum from the first day of January...
Page 118 - Grew, for and during the term of his natural life; and, from and after his decease, to the use of the issue male of his body lawfully to be begotten...
Page 70 - Again, neither a court of equity nor of law can vary men's wills or agreements, or (in other words) make wills or agreements for them. Both are to understand them truly, and therefore both of them uniformly. One court ought not to extend, nor the other abridge, a lawful provision deliberately settled by the parties, contrary to its just intent. A court of equity, no more than...

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