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6 Va. 581

Smith v. Smith's administrators

Supreme Court of Virginia

Decided March 31, 1820

Supreme Court of Virginia · decided 1820-03-31

<p>1. A deed of gift of shves to a married wo~ man, to her 0-ion epeeiaZ coo and nafterward~ " to her heir "07' loezro;" with a clause providing that, “if she shall die without heir or heirs, or without “ a Will disposing of the said slaves and their increase, they shall return to the “ donor or his heirs,” conveys the property to the separate use of the wife, so that, after the death of the husband, she is entitled to hold the slaves and their increase against his administrators.</p>

Decided 1820-03-31

Judge Roane

¶1delivered the Court’s Opinion as follows:—

¶2Upon the evident intention of the donor, in the deed in the proceedings mentioned, and on referring to the authorities, the Court is of opinion that the negroes in question were conveyed to the separate use of the appellant. The Judgment is therefore to be reversed, and entered for the appellant.

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