Legal Opinion

Penny v. Christmas

Supreme Court of Louisiana

Decided May 15, 1844Published

This action was instituted before the Court of Probates for the parish of East Feliciana. The Judge of that court having been recused, the case was transferred to the District Court of East Feliciana, and the District Judge having been also recused, it was tried before Bzitler, Special Judge.

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This action was instituted before the Court of Probates for the parish of East Feliciana. The Judge of that court having been recused, the case was transferred to the District Court of East Feliciana, and the District Judge having been also recused, it was tried before Bzitler, Special Judge. The petition represents, that the plaintiff Sarah Ann was married on the 5th of January, 1826, to Robert Weston, then a resident of the parish of East Feliciana: That she had by that marriage one child, Robert P. Weston : That her husband, Robert Weston, died on the 22d of September, 1827, intestate,…

1Opinion of the CourtBullard, J.

The last will of William Scott of South Carolina, contained the following clause, out of which the present controversy has arisen : “ I request and do empower my acting executor to lay out $5000, in the purchase of young and valuable negroes, for the use of my sister Sarah Weston, during her life, and after her death, said negroes to returnand vest forever in her sons Málachi and Robert Weston, and the heirs of their bodies.” The will was duly probated in South Carolina, and, in pursuance of the above recited bequest, that sum was employed in the purchase of slaves, which were conveyed to her…

2Cases cited1 opinion

  1. Badon's Heirs v. FoucherSupreme Court of Louisiana · 1840

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