Luckey v. Dykes
Mississippi Supreme Court
At the April term of the probate court of Carroll county, the appellants filed their petition, setting forth that William Johnson, late of said county, had departed this life, making his last will and testament, which had been duly recorded; by which his executors were directed to emancipate his slaves; that so much of the will, as directed the emancipation of the slaves, was void, and that they, as next of kin, and heirs at law of said Johnson, were therefore entitled to…
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At the April term of the probate court of Carroll county, the appellants filed their petition, setting forth that William Johnson, late of said county, had departed this life, making his last will and testament, which had been duly recorded; by which his executors were directed to emancipate his slaves; that so much of the will, as directed the emancipation of the slaves, was void, and that they, as next of kin, and heirs at law of said Johnson, were therefore entitled to the slaves, or their proceeds, and prayed a sale and distribution, &c. At the July term, the appellees filed their cross…
1Opinion of the CourtJustice Clayton
delivered the'opinion of the court.
William Jóhn’Son, late of Carroll-county, by his last will and 'testament, directed that his 'slaves should be emancipated hy hisexecutdrs. It is admitted on all "hands 'that'this bequest -is void ¡because'in opposition tobur state'policy. The appellants, *69the next of kin of the testator, claim the slaves; — the appellees likewise claim them as residuary legatees under the will.
The law is well settled, that the general residuary legatee “is entitled to take whatever may by lapse, invalid disposition, or other casualty, fall into the residue after the date of…
2Cases cited1 opinion
- Story v. BrownNew York Court of Chancery · 1833