Payne v. Payne

Judge Simpson

delivered the opinion of the Court.

Frances Green by her last will and testament, devised all of her estate, consisting of lands, slaves, and personalty to trustees, for the separate and exclusive use of her daughter Susanna E. Payne, to be disposed of as she might deem proper. After the death of Robert Payne, the husband of her daughter, the testatrix directed that the trust should cease and determine, and the legal title to all the property devised, vest absolutely in the daughter.

■ Susanna E. Payne had three children and died in 1845. In the following year John G. Payne, one of…