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Fourqurean vs Lucy Boxley's Admin et als.: In the Circuit Court of Halifax County.  
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Fourqurean vs Lucy Boxley's Adm'r. et als.} In the Circuit Court of Halifax County.  
 
Construction of Lucy Boxley's Will
 
Construction of Lucy Boxley's Will
  

Revision as of 10:48, 31 October 2021

Fourqurean vs Lucy Boxley's Adm'r. et als.} In the Circuit Court of Halifax County. Construction of Lucy Boxley's Will

The controversy in this case is in regard to the true construction of the 4th clause of the will, whether the gift of slaves and land is to be confined to the children of Eliza E. Fourqurean, who were in being at the death of the testatrix or will all of her children partake of gift, not only those in distance at the death of the Testatrix, but all those thereafter born.

The general rule in regard to the construction of a devise or bequest to children, to be deduced from all the cases in that it includes only the children in existence at the testatrix death. Hawkins on Wills, Mar. p 68 Redfield on Wills vol 2 p 329 Jarman on Wills mar p 2 vol 156 Powell on Devises mar p vol 2 p 303, 305 and 306 The gift in controversy is in the fewest