Hawkins v. Hawkins
Court of Appeals of Kentucky
ERROR TO LOGAN CIRCUIT. Chanoehy. Case 24. Case stated. 1. The following clause in a will held not to be mandatory, but only advisory, and conferred only a power, vizi “It is my “ will and de“sire that my “ wife Lucy “ should have “ my negroes “duringherlife “ or widow- “ hood, with “ full power to “ emancipate “ them all be- “ fore or at her “ death, as they, “said negroes, “ arrive at the “ age of thirty- “ one years.— “It is my wish “and desire “ that my wife “ Lucy…
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ERROR TO LOGAN CIRCUIT. Chanoehy. Case 24. Case stated. 1. The following clause in a will held not to be mandatory, but only advisory, and conferred only a power, vizi “It is my “ will and de“sire that my “ wife Lucy “ should have “ my negroes “duringherlife “ or widow- “ hood, with “ full power to “ emancipate “ them all be- “ fore or at her “ death, as they, “said negroes, “ arrive at the “ age of thirty- “ one years.— “It is my wish “and desire “ that my wife “ Lucy should “ emancipate “ said negroes “ as above di- “ reoted.” 2. Testator by his will gave his slaves to his wife during life,…
1Opinion of the Court
Judge Marshall
delivered the opinion of the court.
This record presents six separate bills, filed by Pauline F., Jackson, James F., Harriet C., George y?., and Eada Hawkins, persons pf color, held in *246slavery, but claiming their freedom under the will of James Plawkins, which was admitted to record in 1803. The six cases were heard together in the circuit court, where the bill of Eada was dismissed, and the other complainants were decreed to be free. The decree against Eada was affirmed by this court, (Manuscript Opinion, Jan. 1852;) and the decrees in favor of the other complainants are brought…
2Cases cited2 opinions
- Dunlap & Collins v. ArcherCourt of Appeals of Kentucky · 1838
- Gatliff's Adm'r v. RoseCourt of Appeals of Kentucky · 1848