Cleland v. Waters
Supreme Court of Georgia
In Equity, in Gwinnett Superior Court. Tried before ■Judge Jackson, September Term, 1855. Tbe only question made in this case was, as to tbe validity •of tbe following item in the will of George M. Waters ; “ 3d.
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In Equity, in Gwinnett Superior Court. Tried before ■Judge Jackson, September Term, 1855. Tbe only question made in this case was, as to tbe validity •of tbe following item in the will of George M. Waters ; “ 3d. Whereas, I own and bold in possession the undernamed slaves, to-wit: (naming sundry slaves). On account of the faithful services of my body servant, William, (the bus-band of Peggy,) I will and desire bis emancipation or freedom, with tbe future issue and increase of all tbe females mentioned in this item of my will. If it is incompatible with tbe humanity, &c. of tbe authorities of…
1Opinion of the Court
The Court not being unanimous, delivered their opinions .seriatim.
By the Court.
Lumpkin, J.
delivering the opinion.
When this case came before this Court at Gainesville, Oe-tober, 1854, we held, unanimously, that it was the intention •of the testator, to manumit all the slaves mentioned in the third item of his will. (16 Ga. Rep. 496.) And the only .question now is, can that intention be executed?
It is insisted that it cannot, because it is an attempt to free .the slaves and suffer them to remain in Georgia. If this was a bequest of freedom to the slaves, to take effect immediately *37in this…
2Cases cited2 opinions
- Carroll v. BrumbySupreme Court of Alabama · 1848
- Cleland v. WatersSupreme Court of Georgia · 1854
3Cited by4 opinions
- Greenspahn v. Joseph E. Seagram & Sons, Inc.Court of Appeals for the Second Circuit · 1951
- White v. StateSupreme Court of Georgia · 1897
- State v. LeveretteSupreme Court of Georgia · 2025
- Pinckard v. McCoySupreme Court of Georgia · 1857