Lusk v. Lewis
Mississippi Supreme Court
Appeal from the Probate Court of-county. Contended, First: That as the petition charged and the demurrer admitted, that the slaves were bequeathed to Seaton et al. in secret trust, for the purposes of emancipation, the bequest was void by the statute, Hutch. Code, 539, § 11. Second. That the trust being void, the slaves would go to the heirs, and not to the trustees. See Code before cited, and 1 Jarman on Wills, 457, §§ 503, 504; 2 Story, Eq. Jur. §§ 1245,1246 ; 2 Madd.
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Appeal from the Probate Court of-county. Contended, First: That as the petition charged and the demurrer admitted, that the slaves were bequeathed to Seaton et al. in secret trust, for the purposes of emancipation, the bequest was void by the statute, Hutch. Code, 539, § 11. Second. That the trust being void, the slaves would go to the heirs, and not to the trustees. See Code before cited, and 1 Jarman on Wills, 457, §§ 503, 504; 2 Story, Eq. Jur. §§ 1245,1246 ; 2 Madd. Chancery, 112; 1 Yes. & B. 272; Bead v. Manning, 30 Miss. R. 308. He also commented on the case of Weathersby v. Weathersby,…
1Opinion of the CourtHakdy, J.
This was a petition filed by the appellant in the Probate Court, "for the purpose of setting aside the probate of the last will and testament of Robert Lusk, deceased, made in that court at a previous term.
The ground of the application was that, among other bequests in the will, the testator gave all his slaves “ to John H. B. Latrobe, Rev. William M'Lean, and W. W. Seaton, in trust for the American Colonization Society;” and also the sum of three thousand five hundred dollars, to be paid after the bequest of the slaves should take effect; that the bequest of the slaves was made in secret…
2Cases cited1 opinion
- Read v. ManningMississippi Supreme Court · 1855
3Cited by9 opinions
- Higgins v. VandeveerNebraska Supreme Court · 1909
- Barton v. KingMississippi Supreme Court · 1866
- Cameron v. WatsonMississippi Supreme Court · 1866
- Lewis v. LuskMississippi Supreme Court · 1858
- Mitchell v. WellsMississippi Supreme Court · 1859
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