Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-07-04
DOMESTIC.
From the Richmond Compiler, of June 81

10.
mat The VIII OF Mr.. Randolph opened at Roanoke
his late residence Friday last Judge Leigh in the
presence oil Judge Tucker and one other gentlemen
following are the principal, il not the only devses
10 Henry 81: George Tucker, President OF the Court
OF "A Appeals Of Virginia, ten thousand dollars.
10 Judge Leigh Of Halifax, ten thousand dollars
10 Judge Leigh's son, John Randolph Leigh, small
boy, live thousand dollars.
John "ickham, Esq, of this place, some plate and
a horse or two.
The remainder of his estate--lands, negroes Sc to
tho son Of his niece, Mrs Bryant, OF Gloucester daugh
tor OF John Coalter, Esq.
Judge Leigh and Judge Tucker are the execu'ors-
his VIII was made subsequent his return from Russia
and was dated in January, 1892
our informant says, that he has himself seen the
w o. mat ne gives us the report believed at Charlotte
Court House This will be offered for proba at the
charlotte Court the that left in Judge
among MIR. Randolph's private papers.
Ine name OF our correspondent and his official situation
al Charlotte Court House, induce to place the utmost
confidence in the correctness Of this his statement.
Mr. Randolph, il is said here mas lett two other wills
one dated in 1922 by which he directed the manu-
OF his slaves-and another in March, 1892 The former
OF these Is the one to which he understood to refer
whea he requested at Philadelphia that the provisions OF
previous will should be carried into effect.
MR.: kANpoLPHs WILL-THE LAW OF THE CASE
We are indebted TO the poleness of a member of the
bar, Tor The following The interes
question OF law, likely to arise the disposition of Mr.
kandoPhs property, will make it acceptable all,
quained with the circumstances under which Mr. Ran
dolph's different wills executed.
at is believed that the written will by which Mr. Ran
ha
afterwards IN 1882 he made two successive wills,
January and the other in March of that year. neither OF
winch contained any such provision II the question of
emancipation rested here the will OF 1922 would of course
be CONTROLLED by those of later date Blu, has been re-
Peatedly stated that during the last sickness of Mr. Ran
doph while lie was in Philadelphia, he called persons
present 70 take notice that 1t his will that provi-
sions OF hatintrument which the emancipa
ton oil slaves should be carefully into effect This
verbal recognition OF the provisions OF the old writing
only De regarded as nuncupave will; and that writing
must OF course be found what the tesator has
directed by his nuncupave will. And then the question
VIII arise, J. whether an emancipation can be made By
nuncupaIive will in any case; and 2dy Whether in this
case the nuncupatve will could revoke the two written
wills made in 1892.
cIares that shall be lawful for any person by his last wi
and testament or by any other instrument i'm writing nm
DER MS nand ana SEAL aesed and proved in the county or
corporation court by two witnesses, acknowledged by
the party in the court of the county where he or She re-
,aes 10 emanclPate and set iree his her slaves r.
Under this statute ii has been decided that an enamel
patton by the will OF tesiaor will he good although the
VIII be neither sealed nor oHesfed by any acitness Ii
may be admitted 10 probat, upon proof that il wholly
In the testators hand writings and that being legal proof
upon which TO record WILL the emancipation by will so
proven VIII oe enectuai' Dunn v. .dDey and Others
Leigh, 400. When, however, there is no writing
nuncuPaiive will merey-the question seems to be one Of
considerable nicely The following remarks taken from
Robnson's Practice AS, contain as much ON the snb
Jec as can be found in the law books:
In a late case in the Court of Appeals (JVinn " Bob
ana Others Leigh l4O) it minated by Brooke j
ted by nuncupdtire will But il was not necessary n
decide the point; and was left open future
non Inc compiler oil this volume is acquainted with
he reasons Inducing this opinion but supposes they arise
out oil the ground taken by Judge Brooke in Thrift
Hannah &c 2. Leigh, 3l9, that emancipation is one OF
the highest acts OF sovereg and can be conferred
IN The mode which the statute has prescribed II this be
The ground the question then TO the meaning of the
statute which makes il lawful for any person by his or
heT last Will and testament emancipate and set free
his or her slaves. The statute does not prescribe ,h
mode IN which the will is TO be executed or proved bu,
leaves ,hese matters TO be controlled by the concern
ing Wis Under that act party may dispose of his chat
tes by nuncupatve will. And if person NAV enamel
pate his slaves by will, and nuncupaive will is ujU
IL seems 10 follow that an emancipation may be made by
nuncupative will
III The words OF the statute regulating emancipation do
hot necessarily exclude emancipation by a nuiIcupative
VIII ~ Is 10 conceive any good reason for making
distinction between valid will TO bequcath slaves and
valid will to emancpae slaves II is difficult TO CON
ceye why party should be allowed by a nuncupative
will TO bequeath his slaves another and shall no, mo
permitted by nuncupative will TO declare that tbcv
not be held as slaves. '''"'
Perhaps the opinion which has been minated proceeds
upon the ground that the words by any other instr
nent IN writing, coming Immediately the words .bv
his or her last will and testament" REQUIRE such ast viii
md testament to be IN writng; In tits there would be
<ece IL the coDsed CO. ID be- carried out Bu,
the case u Dunn " Hmey and Others has decided tbst
the will need 49, be under SEAL and need not be fft
by any witness. AHcsNAu the words &C Sr l,c
kHotciedged by the party" TO be applicable Us would
be admitted by every one TO be absurdtv The ida
construction OF the statute is, tina, words by his Or
WIZ testament, embrace hOdc cmau-
cipalion, and that every thing which follows dow 20 The
words TO emancipate and Free" is applicable klein.
siveiy 10 other instruments than wills"
On the second question refer TO the act in / r. G.
1919 pp 377, g. 8, which declares that will i'm writing
or any devise therein OF chattes shall be revoked by
subsequent will codic decaraon unless the same be
in writing.
The terms of this statute are very strong But In the
case Of Giasseock SmiHer. &c, Call 40 il was de-
cided, that will in writing which bequeathed cbattels
was revoked by subsequent WILL written by the tes
taor signed by him witness proved that he pre-
pared the will from notes taken from the tesiator that il
asread over TO him. and he declared ii was his win"
CHARLorrEsvtL1.E June %.
FOURTH OF JULY.-Grea preparations being made
in Richmond and Petersburg for celebrating the approach
ing anniversary Of American Independence The Rich.
pond Volunteer Companies having been invited to Peters
burg TO join in the celebration there temporary Comma
has been organized in the former place. composed of
the ex-members OF the Richmond Artillery, and other yo-
unteer Companies for the purpose Of firing the usual sa
!ules, SC. and will dine at Fairfield
But little preparation has been made for the celebration
Of the day here We he however, that an Grafton win
be delivered the part othe Students of The University
by Mr.. Richard Parker, Of Frederick county The De
clsraton Of independence, presume will also be read
but do not know by whom. This ceremony will pro
baby take place in The Episcopal Church.
There will also he turnout Of the Jefferson Guards
who will add what they to the interest of the dsv nv
going through the customary exercises We regret that
we have piece Of Artillery here with which 10 fire ga
ues daybresk and other usual hours duna the dav
We feel confident that il application made to the
Executive for piece, il would not be refused H1y
The WHEAT CRoP.--OUr farmers have made consi.
derabe progress in their harvess and we regret TO
that they find the damage which their crops have sustain
ed from the continued wet weather during the month Of
May, 10 be greater than they had anticipated The
wheat has been assaulted by almost every possible Gala