Alston v. Coleman
Supreme Court of Alabama
Writ of error to the County Court of Marengo. On a final settlement of the estate of Jesse Coleman, deceased, in said Court, at the instance of William J. Alston, executor, an item of #1,500 in his account, was excepted to by the distributees of the estate. The executor claimed to reserve this sum,'in accordance with a clause in Coleman’s will, in these terms.
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Writ of error to the County Court of Marengo. On a final settlement of the estate of Jesse Coleman, deceased, in said Court, at the instance of William J. Alston, executor, an item of #1,500 in his account, was excepted to by the distributees of the estate. The executor claimed to reserve this sum,'in accordance with a clause in Coleman’s will, in these terms. “ Then, out of the proceeds of said sales, I wish $1,500 to be reserved by the executors, to be applied to the use and benefit of the within mentioned child, Caroline, left to my wife during her life time, and which said $1,500,1 wish…
1Opinion of the CourtGrOLDTH Waite, J.
— We had occasion in the case of Trotter v. Blocker, 6 Porter, 269, to examine the question of capacity of an owner of slaves in this State, under its laws, to emancipate them by will. We then came to the conclusion, that they can only be made free in the mode, and manner provided by statute.
That decision necessarily covers this case, in one aspect, unless the intention of the testator to defer the gift of freedom until after the determination of the life estate created in the slaves, makes an available distinction. And at first, we were inclined to think that such a distinction could be…
2Cases cited1 opinion
- Trotter v. BlockerSupreme Court of Alabama · 1838
3Cited by7 opinions
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Harrison v. HarrisonSupreme Court of Alabama · 1846
- Atwood's Heirs v. BeckSupreme Court of Alabama · 1852
- Evans v. KittrellSupreme Court of Alabama · 1859
- Johnson's Adm'r v. LongmireSupreme Court of Alabama · 1863
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