Chisholm v. Starke
File:CallsReports1854V3ChisholmvStarke.pdf
Chisholm v. Starke, Call Vol. III 23 (1801),[1] was a case where the court determined whether a step-father was empowered to his step-children’s remainder in slaves devised by their father.
Background
The children of James Underwood brought this action against their step-father and several other defendants concerning slaves in which they had a remainder in. According to Underwood’s will, a third of his slaves were to be left to his wife, Ann Underwood, for the duration of her life and then divided among their children. However, after remarriage to Mr. William Richardson, Ann’s slaves were sold by Richardson to several other defendants, one of which received the slaves without notice of the remainder in their possession.
The Court's Decision
Chancellor Wythe decreed that Richardson should give a 500 pounds penalty to the children of Underwood for selling their remainder as well as 500 pounds penalty for the loss of the slave and her children. The court of appeals affirmed.
See also
References
- ↑ Daniel Call, Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, 3rd ed., ed. Lucian Minor (Richmond: A. Minor, 1854), 23.
