Legal Opinion

May v. May

Supreme Court of Florida

Decided January 15, 1857PublishedCited by 10 opinions

Appeal from a decree of the Circuit Court of the Middle Circuit for Jefferson County, sitting in Chancery. On the first day of May, 1828, Burwell McBride, of South Carolina, executed a deed of trust to certain trustees, conveying to them certain negroes therein named, subject to the following among other trusts, viz: “ for the use of his daughter Caroline McBride, during her natural life, and in case she should marry, then in trust to and for the use of the said .Caroline…

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Appeal from a decree of the Circuit Court of the Middle Circuit for Jefferson County, sitting in Chancery. On the first day of May, 1828, Burwell McBride, of South Carolina, executed a deed of trust to certain trustees, conveying to them certain negroes therein named, subject to the following among other trusts, viz: “ for the use of his daughter Caroline McBride, during her natural life, and in case she should marry, then in trust to and for the use of the said .Caroline and her husband, during their natural lives, to take and receive the profit, labor and employment of said slaves, to their…

1Opinion of the CourtPearson, J.

The first question presented in this record for decision is as to the proper construction of the deed of settlement of McBride, in trust for the benefit cf his daughter Caroline.— Caroline having twice married, and having issue by each marriage, the question is whether both sets of children take in remainder, or only ..those of (he first marriage.

The trusts declared in this deed are, in relationto certain slaves which are conveyed to trustees to and for the use of the said Caroline during her natural life, and in case she should marry, then in trust for the joint use of herself and husband,…

2Cases cited1 opinion

  1. Le Baron v. FauntleroySupreme Court of Florida · 1848

3Cited by10 opinions

  1. Ansley v. GrahamSupreme Court of Florida · 1917
  2. Evans v. TuckerSupreme Court of Florida · 1931
  3. In Re: Estate of Art RatliffSupreme Court of Florida · 1939
  4. In re the Estate of MungerSupreme Court of Iowa · 1915
  5. Raulerson v. PeeplesSupreme Court of Florida · 1920

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