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1 Jeff. 40

Tayloe v. Graves

General Court of Virginia

Decided October 15, 1736

General Court of Virginia · decided 1736-10-15

By the act of 1705, slaves are made real estate, though the law is now altered by the act of 1727, with respect to gifts and devises of slaves, that they can only be given and devised as chattels personal. There is, however, a proviso in this last act, that where slaves have been before given for life, and the remainder thereupon limited to another, that such remainder shall be good in law to transfer the absolute property to the remainder man.

Decided 1736-10-15

¶1*40In detinue. A case was agreed; viz. W. P. possessed of the slaves in question, by his will, dated 1712, devises to his daughter Mary, the use, labor and service of them during her life, and after her decease, the said slaves and their increase, to fall to the heirs of her body begotten forever. Mary had issue, a daugther, living at the time of the devise and the death of the testator, but died before her mother, who is also dead, and the plaintiff claims as heir to die testator.

¶2*42Judgment for the defendant, per totam curiam ; but upon what point, I could not learn.

¶3Reported by Edward Barradall, Esq.

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