Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1877-06-20
Altfan0rla 6axttte
WEDN ESDAY EVENING. JUNE:U
SuDrclsic Court Decision.

Ann Davis and others, plaintiffs in error, w..
Ann Crouch and othcrs-ln error TO the Sd
prcma GaH Of Appeals Of The State O! |ir'
ginia. Hector DaVi; died during the late civil
war at Richmond, Va, leaving will executed
March 81, 1859, as follows:
EIC!MoNp March 81, 1850.
| |, llec!ar Davis, Of tic city OF Richmond.
State OF Virginia, do hereby make this ny Ia
will aud Testament: ltcml give to my nice
cs, Jennie, Sally and Bette Davis, the sum ol
! SIS 900, to be equally digiIcd between them.
| give to :: servant woman, Ann, OF mine, her
Freedom 10 be removed out of the State, with
| her four children, Jennie, Audubon, Victoria
and Matilda, and after their removal the sun,
OF $50, 900, she, Ann, TO have the interest on
fifth oi' the amount, and the interest OF tue
balance to be expended 10 raising Tie said child
rcn till they become Of age; then the principal
10 be given them. | wish said amount to bn
invested in State stocks by my executors and
applied as aforesaid.
give uy nephew, T. d. James, cf Gooch
land the sum of $1,000. Whatever balance J.
may be worth want given to my sister Ann
Crouch, and her children. appoint Il. u.
James and franklin Matthews my executors 10
this my last will and testament.
As witness my hand and seal,
HECTOR DAVIS
This will was admitted to probate in the Cir
cult Court Of Richmond, March Is, 1865, when
James alone qualified as executor. The servant
woman, Ann, and her children arc the present
plaintiffs in error, and are known in the plead
inr as Ann Davis, Jennie Davis, Audubon
Davis, Victoria Davis and Matilda Davis. They
we're removed at some time TO Phladclphla,
but whether before or alter the death ol the
tcsatnr does not appear, though they seem to
have been there during the war.
The estate was large. consisting OF real prop
crly, slaves, bonds and other stocks, small
amount of Confederate bonds, debts due the
tcstatOr and some furniture. All tho parties
interested in the settlement Of the estate rcsll
Ell in the Confederate States during the war,
except Ann Davis aud her children. The per
sonal property, exclusive OF debts due the cs
tate, was valued at sol ,02O February ,. 1864.
leave was granted the executor by the Circuit
Court OF Richmond, upon his petition therefor,
to invest the cash on hand belonging to the eS.
tate in interest bearing bonds or certificates OF
the Confederate States or Of the State OF flr.
sinia, or any other sufficient bonds or sccurl
ties in that State Under this order he IN
vested during the months OF April, July and
November OF the year S35%% ,5OS.S2 Of Conledc-
rate currency in Confederate bonds. A part OF
the slaves were sold, but nearly all tho remain.
der of the personal aud real property except
the debts was retained during the war in the
condition it WAS left by the t1stator at his death.
At the close Of the war proceedings were inst!-
tuted in the Chancery or Circuit Court OF the
city of Richmond against the executor by the
residuary lcgaccs, looking toward settlement
Of the estate under direction Of the Court. The
plaintiffs here are only interested in securing
the payment Of their legacy. The case wcntH
tho Court of Appeals Of the State, and was II.
manded for further action below. The cxrcn
tor having been allowed credit ur his invest
mcnts in bonds Of the Confederate States, that
is the only question concerning which the .lurS
dicIion OF this Court is invoked, and until final
Judgment n the State Court il is held lEla
Court is without jurisdiction.
The Chief Justice delivered the opinion.