Thornton v. Chisholm
Supreme Court of Georgia
In Equity. Muscogee. Tried before Judge Worrill, May Term, 1856. William A. Chisholm filed his bill in Equity, alleging that he was the trustee of Isaac Thornton of said county, now deceased, to execute certain trusts specified in a deed, the object of which was to emancipate certain slaves, of which the • following is a copy: “The State oe Georgia, Muscogee County: Know all men by these presents, that I, Isaac Thornton,. from motives of benevolence and humanity, have…
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In Equity. Muscogee. Tried before Judge Worrill, May Term, 1856. William A. Chisholm filed his bill in Equity, alleging that he was the trustee of Isaac Thornton of said county, now deceased, to execute certain trusts specified in a deed, the object of which was to emancipate certain slaves, of which the • following is a copy: “The State oe Georgia, Muscogee County: Know all men by these presents, that I, Isaac Thornton,. from motives of benevolence and humanity, have manumitted and set free, and by these presents do hereby manumit and set free from bondage or slavery, Jane, a woman about…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The instrument was either a will or a deed.
[1.] If it was a will it was void, because it did not have three witnesses to it. (Acts of 1851 — ’2, 104.)
And if it was a deed, it was void by the Acts of 1801 and 1818, relating to manumission. (Cobb’s Dig. 983, 989.)
For if it was a deed, (and valid,) the effect of it would have been to make the negroes belong to Thornton for his life, and to themselves afterwards; that is, to make them become free afterwards. In other words, they would have assumed a condition, in part, that of slaves — in part, that…
2Cited by4 opinions
- Blacksher Co. v. NorthrupSupreme Court of Alabama · 1911
- Gay v. SandersSupreme Court of Georgia · 1897
- Cureton v. TaylorSupreme Court of Georgia · 1892
- Bivins v. CrawfordSupreme Court of Georgia · 1858