¶1Henry Haywood possessed of divers Slaves and other Estate by his Will inter al’ devised the Guard’nsp of his Children to his Wife and left five Slaves to work and maintain his Wife and Children besides the profits of the Estate he had left them and died without making any other Disposition of these five Slaves leaving Henry his eldest son who dying before his Mother devised the Slaves to the Defts. who after the Mother’s Death recovered them in an Action at Law and now a Bill is brought by the younger Children of the first Testator for a share of the Value of the said Slaves.
2 Va. Col. Dec. 64
Haywood v. Chrisman
Decided October 15, 1737
General Court of Virginia · decided 1737-10-15
in Canc’. S. C. Jeff. 52. it was insisted that by the Act of the 4. Ann. 23. they were intitled to a Share of the Value their Father being intestate as to these Slaves. it was said that there was an Exception in the act of the Widow’s Dower the Value of which was not to be divided among the younger Children And that these Slaves were intended by the Testator in Lieu of the Widow’s Dower and therefore not to be divided. And of that Opinion were the whole Court.
Decided 1737-10-15