Myers' Executors v. Myers
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John E. Moore. This action was brought by Mrs. Georgiana Myers, against the executors of her deceased husband, Claiborne Myers, to recover the hire of twenty negroes which were bequeathed to the plaintiff by her said husband.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John E. Moore. This action was brought by Mrs. Georgiana Myers, against the executors of her deceased husband, Claiborne Myers, to recover the hire of twenty negroes which were bequeathed to the plaintiff by her said husband. It appeared from the evidence adduced on the trial, that the testator died on the 12th May, 1853, leaving his widow and seven children surviving him; that his will, hereinafter referred to, was admitted to probate in June, 1853; that he owned about one hundred and sixty slaves at the time of his death,…
1Opinion of the Court
"WALKER, J.—It is a clear and undisputed proposition of this case, that the appellee was entitled to the recovery which she obtained in the court below, if the legacy of twenty negroes to her in the will of her deceased husband was specific. If an executor derives profit by the labor or hiring of slaves specifically bequeathed, he is responsible to the legatee for their reasonable hire, unless the slaves are required in the general administration of the estate. The principle is, that “ specific legacies are considered as severed from the bulk of the testator’s property, by the operation of…
2Cases cited3 opinions
- Walton v. WaltonNew York Court of Chancery · 1823
- Hallett v. AllenSupreme Court of Alabama · 1848
- Smith v. LamptonCourt of Appeals of Kentucky · 1839
3Cited by13 opinions
- Kelly v. RichardsonSupreme Court of Alabama · 1892
- Willis v. BarrowSupreme Court of Alabama · 1929
- Austin v. PeppermanSupreme Court of Alabama · 1965
- Gilmer's Legatees v. Gilmer's ExecutorsSupreme Court of Alabama · 1868
- Kramer v. KramerCourt of Appeals for the Fifth Circuit · 1912
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