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5 Va. 442

Wade v. Boxley

Supreme Court of Virginia

Decided November 15, 1834

Supreme Court of Virginia · decided 1834-11-15

Benjamin Boxley, late of Halifax, died in 1814, having by his last will and testament, after sundry specific devises and bequests, devised and bequeathed as follows: “I lend to my beloved… Held: that the children were entitled to the property, and decreed that it should be allotted and delivered to them; and upon an appeal to the superiour court of chancery of Lynchburg, taken by Allen Wade the husband, the chancellor affirmed the decree; and then he appealed to this court.

Decided 1834-11-15

¶1*444The court was of opinion, that under the will of the testator Benjamin Boxley, his seven children took vested remainders in the slaves and other personalty bequeathed to his widow for life; and that upon the death of Mrs. Wáde, in the lifetime of the legatee for life, her seventh part passed to her husband the appellant, and not to her children. Therefore, the decree was reversed with costs.

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