Burton v. Black
Supreme Court of Georgia
Complaint for Negroes, in-Schley Superior Court. Tried before Judge Worrill, at April Adjourned Term, 1860. This was action of complaint brought by Burton against William A. Black for certain negro slaves. The only question in this case arises upon the last will and testament of Mrs. Elizah Burton, the mother of plaintiff and to whom the negroes sued for formerly belonged. The substance of the bequest may be found in the opinion of the Court.
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Complaint for Negroes, in-Schley Superior Court. Tried before Judge Worrill, at April Adjourned Term, 1860. This was action of complaint brought by Burton against William A. Black for certain negro slaves. The only question in this case arises upon the last will and testament of Mrs. Elizah Burton, the mother of plaintiff and to whom the negroes sued for formerly belonged. The substance of the bequest may be found in the opinion of the Court. Plaintiff proved that Benjamin Burton, who is mentioned in said will, died some time in January, 1859, and that he never had any child or children.…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
1. This case turns solely upon the validity of the limitation over expressed in the 5th item of the will. Its validity is attacked on two grounds, of which the first is, that it creates an estate-tail, which, by our Act of 1821, is converted into a fee-simple in the first taker, to the destruction of the limitation over. The question, whether or not an estate-tail is created, is always resolvable into two others, of which one is, what persons are intended to take the property ? and the *640other is, do these persons constitute a class having…
2Cited by19 opinions
- In Re Estate of BlakeCalifornia Supreme Court · 1910
- Hertz v. AbrahamsSupreme Court of Georgia · 1900
- Jenkins v. ShuftenSupreme Court of Georgia · 1950
- Gibson v. HardawaySupreme Court of Georgia · 1882
- Hill v. TerrellSupreme Court of Georgia · 1905
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