85 Va. 616 | Va. | 1889
delivered the opinion of the court.
This appeal was allowed, without supersedeas, on the 4th day of June, 1874, and has repeatedly been called for argument here, and continued because of the sickness and absence of counsel by whom the errors were assigned, and was finally submitted for decision herein on the 12th day of December, 1888, which was the last day on which arguments were heard at the last term, being submitted for decision upon the petition for appeal and the transcript of the record, without other argument, written or oral, upon either side. The case is as follows: In the year 1864, one Beverly E. West, of the county of Halifax, died intestate, possessed of large real and personal estate, including many slaves, leaving a widow and four children. On the 28th day of November, 1864, a suit was instituted in the county court of said county, seeking a division of the estate. On the same day answers' were filed consenting to a'division, and a decree at once rendered by consent. By said decree commissioners were appointed to make distribution of the personal estate, and to divide the real estate, the decree directing division in kind of both the real and personal estate, and directed the advancements to be accounted for and equalized in the division of the slaves; and in making division of the slkves the commissioners were directed to value them as of the 1st day of January, 1861—that is, before the war then carried on between the States had affected their value, either actually or nominally, and before the money of the country had become inflated or diminished in value. A report of the distribution of the personalty was returned before the December term, 1864, and on the 26tli day of December, 1864, was confirmed by decree in the cause. The commissioners reported that the three daughters had been advanced—Mrs. Jones, $5,000 in slaves, Elizabeth, $5,000 in slaves, and Martha, $6,000 in slaves; that the intestate had advanced, in 1863, to Mrs. Jones $5,000, Elizabeth $5,000, and Martha $4,000 in Confederate money: that the son, Addison, the appellant, had been
The appellant was entitled to be made equal with his sisters. They had received $5,000 worth of slaves by advancement, upon a gold valuation, and if he had received $5,000 worth of slaves in Confederate currency in 1864, the greatest injustice would' have been done him, and it was for the protection of his interest that the basis was adopted which would give an equal value in slaves. This was in December, 1864, and he was absent in the army; but his mother, his recognized agent, acted as such, and received the slaves for him, and he came home in January following and received them, and made no complaint, as, obviously, he had no just cause for any objection, having been dealt with in the utmost fairness; but the war ended soon after, and by its results, his slaves being freed, he says they have no value. This is true of his slaves, but it is equally true of those given to his sisters. But, when he received the allotment, it was not true either of his or theirs, each, as the record shows, having received the same value in slaves, and the results of the war affected one precisely as they did the other—freed their slaves—and any measure to redress one loss must operate to redress the other as well, and thus each would stand related to the other as before; and there was no error in this action of the circuit court.
The second assignment of error is that the slaves, at the time of the allotment, had no value, being free. In the case of Puryear v. Cabell, 24 Gratt. 268, this court, speaking of an allotment of slaves in January, 1865, says: “The circuit court erred in holding that the negroes had ceased to be slaves in January, 1865. They were recognized as slaves by the constitution and laws in force at that time in all this region of Virginia. They were received and employed as slaves by the guardian until the termination of the war, and, though of little real value or service to the parties, whatever it was, they must be charged with it.” In this case the question as to the actual value cannot
The next assignment of error is, that Elizabeth and Mary should have been charged with an advancement of lands upon a gold basis, one in 1855 and the other in 1859. But it must be remembered that, while these lands were nominally given to them, they were never actually conveyed to them, and were in fact conveyed to other parties, and $5,000 in Confederate money given to them, and they, in fact, had no other advancement. In Puryear v. Cabell, supra, this court said: “It is very clear that Mrs. Cabell was not advanced along with the other children in 1858. The mere act of designating a tract of land and a lot of slaves as hers did not constitute an advancement in any sense of the word. It gave her no title to or control of the property.” It was clearly right to charge them such advancement as they received, and that was $5,000 each in Confederate money, and there was no error in this ruling of the circuit court.
The only remaining assignment of error is, that exceptions were sustained to the report of the division of the real estate, but these exceptions were subsequently disregarded, and no injury has resulted to the appellant, nor to any person therefrom. We are of opinion, upon the whole case, to affirm the decree of the circuit court appealed from.
Decree affirmed.