Legal Opinion

Lucas v. Kernodle

Supreme Court of Alabama

Decided January 15, 1841PublishedCited by 1 opinion

Error to the Chancery Court at Montgomery. This was a bill in Chancery filed Ity the plaintiff in error in the Chancery Court at Montgomery, as the guardian, and next friend of Sarah Shelman and five other infants.

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Error to the Chancery Court at Montgomery. This was a bill in Chancery filed Ity the plaintiff in error in the Chancery Court at Montgomery, as the guardian, and next friend of Sarah Shelman and five other infants. The bill charges, that John Lucas, the grandfather of the minors by deed, dated in May, 1829, (and which is annexed to the bill) conveyed to Charles J. McDonald certain- slaves in trust, for the use and benefit during her life, of Martha A Shelman, and at her death, remainder over to the minors. That a short time after the execution of the deed, and whilst in the possession of the…

1Opinion of the CourtOrmond, J.

— The life estate of the mother of the plaintiffs in error, out of which the present controversy has grown, was created by the deed of her father, by which the slaves were given to a trustee for her use during her natural life, he “ permitting her to hold and enjoy the same, at his discretion, to hire out the same, paying the monthly or annual increase to my said daughter.” The deed further provides that, at her death, the slaves and other property shall be vested in her children.

After the making of the deed, the lady married the defendant, Simmons, who thereby obtained as her husband, the…

2Cited by1 opinion

  1. Graham v. NesmithSupreme Court of Alabama · 1851

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