Woodley v. Findlay
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. Detinue by the defendant in error, for a female slave named Dinah. The' plaintiffs claimed title under the will of Mary Davis, of Columbia county, Georgia.
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Error to the Circuit Court of Cherokee. Detinue by the defendant in error, for a female slave named Dinah. The' plaintiffs claimed title under the will of Mary Davis, of Columbia county, Georgia. The probate is as follows: Georgia, Columbia county, 6 Nov’r, 1815. In the Court of Ordinary, John Poster, and Collier Poster, two of the subscribing witnesses to the within instrument of writing, being the last will and testament of Mary Davis, deceased, after being duly sworn on the Gospel of Almighty God, say, that they saw the subscriber in life, subscribe by her mark, and acknowledge the same,…
1Opinion of the CourtOrmond, J.
In our opinion, the limitation over in this case, to the sisters of Mary Foster, the tenant of the life estate, is good by way of executory devise. The bequest is of a life estate in the slave, to Mary Foster, and at Her death it is to go to the lawful issue of her body, that may then be living. It is manifest that the first limitation was not too remote, as it evidently contemplated, that the estate should vest in her heirs at her death; it was not therefore upon an indefinite failure of issue, as it must necessarily vest upon the death of the first taker, if there is any one then in being,…
2Cases cited3 opinions
- Price v. PriceSupreme Court of Alabama · 1843
- Johnson v. Howe's Admr'sSupreme Court of Alabama · 1829
- M'Graw v. DavenportSupreme Court of Alabama · 1838
3Cited by5 opinions
- Ewing v. StandeferSupreme Court of Alabama · 1850
- Andrews v. Flack & WalesSupreme Court of Alabama · 1889
- Mason v. McNeill's ExecutorsSupreme Court of Alabama · 1853
- Isbell v. MaclinSupreme Court of Alabama · 1854
- Roberts v. OgbourneSupreme Court of Alabama · 1861