Legal Opinion

Black v. . Ray

Supreme Court of North Carolina

Decided December 5, 1835PublishedCited by 4 opinions

This was an action of detinue brought by the administrator de bonis non, with the will annexed, of Hugh Black, for the recovery of certain slaves; and tried before his Honor Judge Strange, at Moore, on the last Circuit.

Read the full summary

This was an action of detinue brought by the administrator de bonis non, with the will annexed, of Hugh Black, for the recovery of certain slaves; and tried before his Honor Judge Strange, at Moore, on the last Circuit. The defendants claimed the slaves in question, by virtue of a purchase of the entire interest in them, from the widow of the testator, to whom he had bequeathed them in the following clause of his will: “ To my dearly beloved wife, Effy Black, I bequeath my negro fellow Toney, my negro wench Jean, and a girl named Hannah; and my horses, and one half of my cattle; my hogs,…

1Opinion of the Court

Ruffin, Chief Justice.

— We think the judgment must be affirmed. The gift of the slave and land, and all the other articles, is in the same sentence. There is but a single disposing word, “ bequeath,” in the beginning of the clause, which extends to each thing given; and there is but one expression directing the quantity of estate, “ daring her life-time” which is in the end of it, and neces-arily controls the interest in each subject of the gift. The only estate given, being for the life of the widow, the assent of the executors could go no further, and consequently the reversion remained in…

2Cited by4 opinions

  1. Williams v. . BestSupreme Court of North Carolina · 1928
  2. Jordan v. . SigmonSupreme Court of North Carolina · 1927
  3. Dunwoodie v. . CarringtonSupreme Court of North Carolina · 1816
  4. Sneed v. . HarrisSupreme Court of North Carolina · 1817

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API