Papot v. Gibson
Supreme Court of Georgia
Trover, in Wilkinson Superior Court. Tried before Judge? Merriwether, October Term, 1849. Elizabeth E. Buckley and R. D. Papot, in 1824, in contemplation of a marriage between them, entered into a contract, by which the negroes and other property of Elizabeth Buckley were conveyed to a trustee, for the separate use of the wife during her life, and at her death, to the issue of the marriage.
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Trover, in Wilkinson Superior Court. Tried before Judge? Merriwether, October Term, 1849. Elizabeth E. Buckley and R. D. Papot, in 1824, in contemplation of a marriage between them, entered into a contract, by which the negroes and other property of Elizabeth Buckley were conveyed to a trustee, for the separate use of the wife during her life, and at her death, to the issue of the marriage. This deed was attested by two witnesses, by one of whom it was proven before the Clerk of the Superior Court of Chatham County, and admitted to record. The husband, R. D. Papot, sold one of these negroes,…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
Elizabeth Eliza Bucldey, being about to intermarry with one Robert D. Papot, executed a marriage settlement, whereby she reserved to herself a life estate in the slaves, then in her possession, with remainder in fee to the offspring of the intended nuptials. The plaintiff below, and in error, is the only issue of this marriage. The mother and Roger Olmstead, the trustee, having both died, the father sold one of these slaves, July, privately to one Zachariah M. Winkler, under whom the defendant claims, and appropriated the proceeds to his own…
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