Carter v. Cantrell
Supreme Court of Arkansas
Appeal from the Cvreuit Court of Jefferson County in Chcmeery. lion. SheltoN "Watson, Circuit Judge. We are really at a loss to know on wbat ground tbis suit was brought. It seems, from tbe allegations of tbe bill, to have been imagined that where a specific legacy is made to a woman, during her coverture, and she dies before her husband has reduced the legacy into actual possession, leaving him surviving, the legacy belongs not to him, but to her heirs or representative.
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Appeal from the Cvreuit Court of Jefferson County in Chcmeery. lion. SheltoN "Watson, Circuit Judge. We are really at a loss to know on wbat ground tbis suit was brought. It seems, from tbe allegations of tbe bill, to have been imagined that where a specific legacy is made to a woman, during her coverture, and she dies before her husband has reduced the legacy into actual possession, leaving him surviving, the legacy belongs not to him, but to her heirs or representative. And, if that be the ground, it is one as strikingly erroneous as any position we ever knew assumed. Whitalcm' vs.…
1Opinion of the Court
Mr. Justice Wai/heb
delivered the opinion of the Court.
This is a suit in chancery, brought by the complainants, as heirs of Matilda M. Carter, to recover certain slaves and their hire.
The bill charges, that on the 5th of November, 1814, in Ten.nessee, Susanna Wendell, by will, devised to her daughter, Matilda M. Carter, a negro girl named Harriet. That the testatrix died in 1816, and her daughter, Matilda M. Carter, within a few weeks thereafter, without having reduced the negro Harriet to possession, and without any knowledge of the bequest. That Hubert Searcy, the executor, proved the will,…
2Cases cited1 opinion
- Neal v. RobertsonCourt of Appeals of Kentucky · 1834
3Cited by3 opinions
- Merritt v. HughesWest Virginia Supreme Court · 1892
- Percy v. CockrillCourt of Appeals for the Eighth Circuit · 1893
- Eubanks v. ZimmermanSupreme Court of Arkansas · 1973