Frierson v. Frierson
Supreme Court of Alabama
ERROR to tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Geo. D. Shortridge. Detinue by tbe plaintiff in error, Mary C. Frierson, against tbe executor of ber deceased busband, Robert Frierson, for tbe recovery of four slaves, wbicb tbe plaintiff claimed under tbe will of ber father, Tbomas McRae, as- ber separate estate.
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ERROR to tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Geo. D. Shortridge. Detinue by tbe plaintiff in error, Mary C. Frierson, against tbe executor of ber deceased busband, Robert Frierson, for tbe recovery of four slaves, wbicb tbe plaintiff claimed under tbe will of ber father, Tbomas McRae, as- ber separate estate. On tbe trial below, tbe plaintiff introduced a copy of tbe will of said McRae, tbe material provisions of wbicb are as follows : Tbe first clause contains a specific, absolute bequest of sixteen negroes to tbe testator’s wife; tbe second, a specific bequest of eleven…
1Opinion of the CourtGoldthwaite, J.
— It is urged, that, by a correct construction of the will of Thomas McRae, tbe plaintiff in error took a separate estate in tbe four slaves specified in tbe third clause; and this construction is attempted to be supported upon tbe succeeding clause, by which tbe testator declares, that, at the death of bis wife, bis negroes are to be divided between bis five daughters, share and share alike. But if this construction was adopted, it is clear that tbe plaintiff in error could not recover, as, by the clause last referred to, tbe division of tbe slaves was not to take place until after tbe death…
2Cases cited3 opinions
- Miller v. EatmanSupreme Court of Alabama · 1847
- Machen v. MachenSupreme Court of Alabama · 1849
- Gamble v. Gamble's Adm'r.Supreme Court of Alabama · 1847
3Cited by13 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Mose v. StateSupreme Court of Alabama · 1860
- Diggs v. StateSupreme Court of Alabama · 1873
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Gunn v. HowellSupreme Court of Alabama · 1859
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