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1 Va. 30

Dade v. Alexander

Court of Appeals of Virginia

Decided April 15, 1791

Court of Appeals of Virginia · decided 1791-04-15

<p>Wills — Money Directed to Be Laid Oat in Slaves — Annexed to Devise of Land in Tail — Effect.— Money directed, by will to be laid out In slaves, and annexed to lands devised In tall by the same will, are to be considered as slaves, and will go with the land in tall.</p> <p>Husband and Wife — Right of Husband to Wife's Slaves in Remainder after Her Death.* — A feme sole entitled to slaves In remainder, or reversion afterwards marrying', and dying before the determination of the particular estate, the right rests in the husband.</p>

Decided 1791-04-15

¶1In this case, the following points were resolved by the court. 1st, That money, directed by will to be laid out in the purchase of slaves, and to be annexed to lands devised in tail by the same will, are to be considered as slaves, and will pass with the land in tail.

¶22d. A feme sole, being entitled to slaves in remainder or reversion, and afterwards marrying, and dying before the determination of the particular estate, the right vests in the husband. — The president stated, that this was the constant decision of the Old General Court from the year 17S3 to the revolution, and has since been confirmed in this Court in the cases of Sneed v. Drum-mond, and Hord v. Upshaw, that it had become a fixed and settled rule of property. _

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