Williamson v. Daniel
Supreme Court of the United States
APPEAL from the Circuit Court of Georgia, • The controversy in this cause arose out of the following clauses in the wii! of James Daniel: “ 1 lend my wife twenty-one negroes,” naming them, aud also certain lands, “ during her natural life.” ' And subsequently, “ I give and bequealh unto my grand daughter, Patsy Hendrick, three negroes, viz: .Toe, Parker, and Willis — 1 also give her one half of the negroes I have lent my wife, to her and her heirs for ever.
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APPEAL from the Circuit Court of Georgia, • The controversy in this cause arose out of the following clauses in the wii! of James Daniel: “ 1 lend my wife twenty-one negroes,” naming them, aud also certain lands, “ during her natural life.” ' And subsequently, “ I give and bequealh unto my grand daughter, Patsy Hendrick, three negroes, viz: .Toe, Parker, and Willis — 1 also give her one half of the negroes I have lent my wife, to her and her heirs for ever. I give and bequeath unto my grandson, Jesse Daniel Austin,- son of Betty Austin, one half of the negro.es 1 have .lent-my wife, after the…
1Opinion of the Court
Mr. Chief .Justice Marshall
delivered the opinion of the Court.
The first bequest to Patsy Hendrick would pass the slaves therein mentioned to her absolutely', were not this absolute estate qualified by the subsequent limitation over, if either of the testator’s grand children, Patsy-Hendrick, or Jesse Daniel Austin, should die without a lawful heir of their bodies, that the other should heir, its estate. We think these words convert the absolute estate previously given, into an estate tail; and, if so, since slaves are personal property, the limitation over is too remote.
There are no words in…
2Cited by5 opinions
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