| Notes |
Notes on Boyd v. Cook. Cook is the executor of Philip Vass’s will. Philip Vass’s daughter, Mary, married Alexander Boyd who is the plantiff in this case. The will was written in 1816. Philip Vass was blind from at least 1809. He must have died after 1824 or 1825 according to some of the evidence presented. When Philip Vass wrote his will he constructed it in such a way that his assets were held in trust for two of his daughters, Mary Boyd and Elizabeth Shepard. Each daughter was to receive income from the trust. Philip believed that Mary would never have children and did not want his estate distributed to the Boyds after Mary’s death. So, after Mary’s death the trust would be returned to the estate to be distributed to the other heirs. Elizabeth’s case was a little different. Philip considered John S. Shapard a drunkard and did not want him to have access to the money. After Elizabeth’s death, the assests in the trust were to be distributed to her children directly, bypassing John S. Shapard. Family history is not always pretty. Other heirs of Philip Vass received their portions in a more straight forward manner. Besides revealing a little bit of the family life, the case is a wealth of genealogical information. Philip’s will is included. One of the witnesses is the brother of Philip’s wife proving that she is a Webb.
Notes on Vass v. The Commonwealth. In this case Philip Vass had been convicted of the murder of Henry Polly, an overseer on his plantation, and sentenced to ten years in prison. This is an appeal of his conviction which he lost.
In the first case, Philip Vass named a son in his will, Philip E. Vass. It is apparently this son who freed his slaves in his will which resulted in the famous case of the Vass slaves. Philip E. Vass is apparently the same person convicted of murder in 1831.
Will of Philip Vass
Halifax County, Virginia
“In the name of God amen. I Philip Vass of Halifax county, do make this my last will and testament, in manner and form as followeth, viz: It is my desire, that all my debts be first paid. If any of my children should die without an heir or will, their estate hereafter devised or given shall return again to my estate, to be divided as shall be hereafter directed. If any of the legatees shall attempt to break this will, or shall enter a suit in law against the legatees, or any one of them, shall forfeit his or their estate hereafter given to them; the forfeited estate returned back to my estate, to be divided as shall be hereafter directed. I give unto my daughter Mary Boyd, negro girl Lydia and her increase, to dispose of as she pleaseth: also I lend unto A. M. B. Rachel and her increase; which negro and increase shall not be sold for no debt or debts of Alexander Boyd or his wife Mary Boyd, in no case whatever; the aforesaid negro Rachel and her increase is not to be removed out of the county of Halifax, without the consent of a majority of the legatees concerned: in either of these two cases a breach be made, a sale or removal, negro Rachel and her increase is forfeited, and return immediately into my estate, to be divided as shall hereafter be directed. Negro Rachel and her increase is lent unto Alexander Boyd and Mary Boyd his wife during their lives, with the above exceptions; and at their death, to return into my estate, and to be divided as shall be hereafter directed. I give unto my son James, negro Amy and her child Leatha and their increase, to him and his heirs forever. I give unto my daughter Sarah L. Vass, three negroes Lucinda, Harriet her daughter, and Amanda Melvina, with their increase, to her and her heirs forever. I give unto my daughter Anna Vass, three negroes, Easter, Eliza and Caroline, with their increase, to her and her heirs forever. I give unto my daughter Apphia Vass, three negroes Martha, Ealle and Maria Louisa, with their increase, to her and her heirs forever. I give unto my son Philip E. Vass, Mary and her brother Jacob, with her increase, to him and his heirs forever. I give unto equal payments, security taken on the land for the payment thereof; the one fourth of the sale of this land to be put out at interest, which interest is to support my daughter Elizabeth Shepperd, and her children with schooling &c. and the principal at her death, to be equally divided between her children, and their heirs forever. It is also my desire, that my western land be sold, when there the indian right is extinguished, and my land surveyed, it be sold at with four equal annual payments, security taken on the land for the payment thereof: this land may be sold sooner than above mentioned, if it is thought best by the legatees. The money arising from the sale of the western land, three fourths of the money arising from the sale of the land whereon I now live, with all the remainder of my estate not already given, to be equally divided by commissioners appointed by court, between my children James P. Vass, Sarah L. Vass, Anna Vass, Apphia Vass and Philip E. Vass, and their heirs forever. I appoint my beloved friend Jarrett W. Cook my executor to this will who is to receive a reasonable sum out of my estate for his services. In witness whereof I have hereunto set my hand and seal this 13th day of December 1816.
Witness,
Anderson Powell,
PhilipVass,
seal.”
Moses
Shearan.
(Source: Supreme Court of Appeals of Virginia, Boyd v Cook, 3 Leigh 32)
Item from Virginia Gazetter, 23 Aug. 1776 - PISCATAWAY, Essex, 21 Aug 1776 The subscriber has for sale a schooner, a little upwards of three years old, that carries 1500 bushels, with two anchors and cables, good standing rigging and foresail. She is a handsome vessel, and a prime sailer. Any person in want of such a vessel may have her for 200 [pounds]. She has been lately examined, and calked over. The person who buys her may also be supplied with some small cordage and ?sails if wanting, on reasonable terms: PHILIP VASS. Vass Forum, No. 386, Post by Mike Marshall dated Dec. 27, 2001.
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Bef 1753 - Aft 1825 (> 74 years)
Children