Moody v. Walker
Supreme Court of Arkansas
Appeal ¿Prom, Saline Circuit Court. Walker, by his next friend, filed his bill in the court below, in which he stated that his grand father, William Walker, of Green county, Kentucky, died in the winter of 1801, or spring of 1802, having previously made his will ; whereby, among other devises he devised to his son Thomas, father of the complainant, a negro boy Billy; and to his daughter Nancy a mulatto girl Sarah, and then added, “if either the said Thomas or Nancy Walker…
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Appeal ¿Prom, Saline Circuit Court. Walker, by his next friend, filed his bill in the court below, in which he stated that his grand father, William Walker, of Green county, Kentucky, died in the winter of 1801, or spring of 1802, having previously made his will ; whereby, among other devises he devised to his son Thomas, father of the complainant, a negro boy Billy; and to his daughter Nancy a mulatto girl Sarah, and then added, “if either the said Thomas or Nancy Walker die before they arrive at lawful age, or without heir, lawfully begotten of their body, that the surviving one have that…
1Opinion of the CourtLacy, Judge
The question to be decided is, what interest or estate did Nancy Walker take in the slave, Sarah, by the will of William Walker, deceased? Did she acquire the absolute right of property, or only a a life estate, subject to be divested by the happening of the contingency mentioned in the will? The language of the will is, “I give and bequeath to my son, Thomas Walker, my negro boy, Billy. Item. I give and bequeath to my daughter, Nancy Walker, my negro girl, Sarah. It is my will and desire that, after the death of my wife, all the personal estate I have, but her, with the increase thereof, be…
2Cases cited7 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Jackson Ex Dem. St. John v. ChewSupreme Court of the United States · 1827
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Hulburt v. EmersonMassachusetts Supreme Judicial Court · 1819
- Williamson v. DanielSupreme Court of the United States · 1827
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Galloway v. DarbySupreme Court of Arkansas · 1912
- Festinger v. KantorSupreme Court of Arkansas · 1981
- Biscoe v. ThweattSupreme Court of Arkansas · 1905
- Cross v. ManningSupreme Court of Arkansas · 1947
- Lytle v. HulenOregon Supreme Court · 1928
27 more not listed; retrieve them via the Exa API.