MacOn v. . MacOn

The life tenant died after the emancipation of the slaves by the results of the war. It is clear that upon the death of the (380) life tenant, the valuation of the land to one daughter, and an equal valuation in negroes to the other daughter, were to be concurrent acts; and that the paramount purpose of the testator was that these two and only children should have an equal share of his estate at the time of this valuation and division. When that time arrived, however, the slaves no longer existed as property, and this secondary and minor intent of the testator as to the mode of division could…