3 Va. 140
Decided November 15, 1831
Supreme Court of Virginia · decided 1831-11-15
The appellees, Boh and ten others, who had been the slaves of John Andrew Schwartz late of Nottoway county deceased, in his lifetime, preferred their petition to the county court of Nottoway, setting forth, that they had been emancipated by their late owner, by will duly made to that purpose, but no executor was named in the will, and it had not been proved and recorded, nor had any one as yet taken administration of the decedent’s estate; and that they were still held in…
Decided 1831-11-15
¶1said, they concurred in the opinion of Carr, J. that this was not a good nuncupative will. And they intimated, that they thought, slaves could not be emancipated by a nuncupative will, and had intended to give that opinion on that point; but they yielded to the suggestion of Carr, J. that the point should be left open for consideration when it shpuld be necessary to decide it.
¶2Sentence reversed.