Jack, etc., Trustee of v. Vass, Exr. of Philip E.: Chancery Cause, Halifax County (Part 2 of 2)
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capable of taking a legacy, will in all probability be found among those to whom the decision gives it, and will participate in common with the rest, and if they be either bond or free & not of those emancipated or their descendants and therefore not entitled to participate in the benefits of the bequest, they certainly cannot claim to come within the contemplation of the will and therefore cannot complain of their exclusion as a violation of the intention of the testator: I am therefore for reversing the decree of the Court below with Costs of appeal and remanding the cause for further proceedings to be had therein, with instructions to that Court to proceed to final decree in Conformity with the principles settled in the foregoing opinion. A Copy of the opinion of Judge Thompson. Teste J. Allen, C.C. Young, Trustee &c. vs Vass's exor: } Copy opinion of Judge Thompson