Legal Opinion

Wade v. American Colonization Society

Mississippi Supreme Court

Decided November 15, 1846PublishedCited by 1 opinion

Appeal from the superior court of chancery ; Hon. Robert H. Buckner, chancellor. On the 19th day of November, 1842, the American Colonization Society, filed a bill in the superior court of chancery, against Isaac R. Wade, James P. Parker, Elias Ogden, and John B. Coleman, executors of Isaac Ross, deceased, alleging that complainants were duly and legally incorporated, and located in Washington city, and in the state of Maryland; that the late Captain Isaac Ross, who resided…

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Appeal from the superior court of chancery ; Hon. Robert H. Buckner, chancellor. On the 19th day of November, 1842, the American Colonization Society, filed a bill in the superior court of chancery, against Isaac R. Wade, James P. Parker, Elias Ogden, and John B. Coleman, executors of Isaac Ross, deceased, alleging that complainants were duly and legally incorporated, and located in Washington city, and in the state of Maryland; that the late Captain Isaac Ross, who resided in Jefferson county, in the state of Mississippi, at the time of his death, on or about the 26th day of August, 1834,…

1Opinion of the CourtJustice Clayton

The contest in this case grows out of the same will which was the subject of controversy in the case of James B. Ross et al. v. Vertner et al. 5 How. 305. The bill was filed, in that case, by the heirs and distributees of the testator, against his executors, to prevent the execution of the trusts of the will; in the present case it is filed by the American Colonization Society, as a trustee, against the executors to compel the execution of those trusts, and to carry out the provisions.

It may aid our conclusion on this occasion, to ascertain precisely what was the controversy in the former…

2Cases cited5 opinions

  1. Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
  2. Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
  3. Barclay v. BreckinridgeCourt of Appeals of Kentucky · 1863
  4. Dunn v. AmeySupreme Court of Virginia · 1829
  5. James M'cutchen and Others v. James Marshall and OthersSupreme Court of the United States · 1834

3Cited by1 opinion

  1. Hitchcolk v. Mortgage Securities Corp.Supreme Court of Florida · 1928

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