Sorrey v. . Bright
Supreme Court of North Carolina
The bill stated, that the 'testatrix of the defendant Bright, a resident of Currituck County, by her will bequeathed as follows : — “ I give to John C. Simmons (a defendant) the following negroes, viz: Daniel, &c., but it is my request and desire, that the said John C. Simmons will admit said negroes to have the result of their own labour, but ever to be under his care and protection, and his heirs and and assigns forever.
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The bill stated, that the 'testatrix of the defendant Bright, a resident of Currituck County, by her will bequeathed as follows : — “ I give to John C. Simmons (a defendant) the following negroes, viz: Daniel, &c., but it is my request and desire, that the said John C. Simmons will admit said negroes to have the result of their own labour, but ever to be under his care and protection, and his heirs and and assigns forever. I give and bequeath to my brother in law Dennis Sorrey one-fourth of the money arising from my estate, after paying all just debts and legacies.” “ To Mariah Gisborne…
1Opinion of the Court
Ruffin, Chief Justice.
It is apparent, both from the terms of the will and from the answers, that it was the purpose of the testator, that the legatee Simmons should not hold the negroes beneficially as property. The bounty intended was to the slaves themselves, and not to the nominal donee. The negroes are to have the profits of their own labour. Simmons is made the legal owner, not that he should be master, but that the negroes might have a Protector- The case is not, therefore, to be distinguished from those of Huckaby v. Jones, 2 Hawks, 120, and Stevens v. Ely, 1 Dev. Eq. Ca. 493, and…
2Cited by8 opinions
- Bittner v. BittnerTexas Commission of Appeals · 1932
- Lightfoot v. PoindexterCourt of Appeals of Texas · 1917
- McEwan v. BrownSupreme Court of North Carolina · 1918
- McEwan v. . BrownSupreme Court of North Carolina · 1918
- Haywood v. . CravenSupreme Court of North Carolina · 1816
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