Bolling v. Bolling
Bolling v. Bolling (1780-1781) centered on a familial disagreement over inheritance that was referred from the Virginia General Court to arbitration before Benjamin Waller. The dispute involved the will of Edward Bolling and was brought by his brother Archibald Baldwin against another brother, Robert Bolling, who had probated the will and acted as executor. The notes incorporating the arguments in this case are important for their revealing insight into the state of early American law, as viewed and used by attorneys at the time, and because the plaintiff and defendant were represented, respectively, by George Wythe and his former student Thomas Jefferson.
Contents
Factual Background
The Bollings and the will of Edward Bolling.
Arguments
Brief explanation of Jefferson's notes.
Wythe's First Argument for Plaintiff
Jefferson's First Argument for Defendant
Wythe's Second Argument for Plaintiff
Jefferson's Second Argument for Defendant
Wythe's Reply for Plaintiff
Historical Importance of Case
Rare insight into how practitioners used early Anglo-American law. The work of lawyers was rarely recorded in this detail.
The arguments are sophisticated and highly technical, involving interpretations of existing property and inheritance law.
George Wythe as attorney rather than judge.
Thomas Jefferson's brilliance as advocate.
Wythe and Jefferson facing off against each another as having historical and biographical importance.
