Atwood's Heirs v. Beck
Supreme Court of Alabama
Error to the Chancery Court of Wilcox. Heard before the Hon. J. W. Leseshe. This was a bill filed by the heirs of Henry S. Atwood, alleging that, on the third day of August, 1843, said Atwood executed his last will and testament, a copy of which is attached to the bill, whereby he made certain bequests and dispositions of all property owned by him at the date of said will; that he appointed James Cootes and Jonathan Hagle his executors, and in the event of their death or…
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Error to the Chancery Court of Wilcox. Heard before the Hon. J. W. Leseshe. This was a bill filed by the heirs of Henry S. Atwood, alleging that, on the third day of August, 1843, said Atwood executed his last will and testament, a copy of which is attached to the bill, whereby he made certain bequests and dispositions of all property owned by him at the date of said will; that he appointed James Cootes and Jonathan Hagle his executors, and in the event of their death or refusal to act, he appointed Timothy W. Matthews and Eobert Hall; that said Atwood departed this life in September, 1851,…
1Opinion of the CourtChilton, C. J.
— Tbe prominent questions presented by tbe record before us, as brought to view by tbe cross assignments of error, may be thus stated :
1. Are the provisions in tbe will' of Henry S. Atwood, which vest tbe bondage, title and ownership of tbe slaves therein named in bis executors, for tbe purpose of their being taken to a free State so as to remain free, and directing certain sums to be invested in lands, and other sums to be loaned out, for their benefit, valid bequests according to tbe laws and policy of this State ?
2. Are tbe legacies to tbe two negroes residing in tbe State of Ohio,…
2Cases cited4 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Alston v. ColemanSupreme Court of Alabama · 1845
- Gibson v. AndrewsSupreme Court of Alabama · 1842
- Josephine v. PoultneySupreme Court of Louisiana · 1846
3Cited by17 opinions
- Foxworth v. WhiteSupreme Court of Alabama · 1882
- Rowland & Co. v. PlummerSupreme Court of Alabama · 1874
- Hurt, Et Vir v. DavidsonSupreme Court of Florida · 1937
- Pool's Heirs v. Pool'sSupreme Court of Alabama · 1859
- Scheible v. BachoSupreme Court of Alabama · 1868
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