American Colonization Society v. Gartrell
Supreme Court of Georgia
In Equity, in Fulton Superior Court. Decision on demurrer, by Judge Bull, at chambers, 22d June, 1857. This was a bill filed by the American Colonization Society, (incorporated by the Legislature of the State of Maryland,) against Lucius J. Gartrell, administrator with the will annexed, of Francis Gideon, deceased, late of the county of Fulton. The bill states that said Francis, on the 25th day of Ma]i, 1853, made and published his last will and testament.
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In Equity, in Fulton Superior Court. Decision on demurrer, by Judge Bull, at chambers, 22d June, 1857. This was a bill filed by the American Colonization Society, (incorporated by the Legislature of the State of Maryland,) against Lucius J. Gartrell, administrator with the will annexed, of Francis Gideon, deceased, late of the county of Fulton. The bill states that said Francis, on the 25th day of Ma]i, 1853, made and published his last will and testament. The bill further states that said testator departed this life on or about the day of , 1853, leaving said will in full force and…
1Opinion of the Court
By the Court. —
Lumpkin J.
delivering the opinion.
We concur in the clear and conclusive opinion of the able Judge who decided this case, namely: That the Colonization Society is incapable of taking or holding property for any purpose inconsistent with, and forbidden by, its charter.. *451It can receive it upon no other trust. That to attempt, in this or any other case, to claim it for any other purpose, would be a fraud upon the law, a fraud upon the donor, a fraud upon the heirs, and a fraud upon the slaves themselves.
By their constitution, the association's empowered to receive property by…
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