Maddox v. Allen
Court of Appeals of Kentucky
CASE 28 — IN EQUITY APPEAL FROM SHELBY CIRCUIT COURT. By the will of Charles Masterson, admitted to record in 1836, such of his slaves as should be under the age of twenty-two years at the death of his wife, (who was devisee for life of his whole estate,) were directed to be hired out by his executor until they should attain to that age; the hires to be applied to the support of such of the slaves as might be infirm or disabled, except the last year’s hire, which was to go…
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CASE 28 — IN EQUITY APPEAL FROM SHELBY CIRCUIT COURT. By the will of Charles Masterson, admitted to record in 1836, such of his slaves as should be under the age of twenty-two years at the death of his wife, (who was devisee for life of his whole estate,) were directed to be hired out by his executor until they should attain to that age; the hires to be applied to the support of such of the slaves as might be infirm or disabled, except the last year’s hire, which was to go to the slaves hired out. Other slaves were to be free at the death of his wife. After some specific legacies, the…
1Opinion of the CourtChief Justice Simpson
By the will of Charles Masterson, the hire of his young negroes was appropriated to such of the testator’s negroes as might be infirm or otherwise disabled. It did not therefore pass under the residuary devise in the will, which only disposed of that part of the testator’s estate which was not otherwise disposed of or appropriated. But as the will took effect before the adoption of the Revised Statutes, its construction and effect depend on the pre-existing law. The rule under that law was, that the general residuary legatee was entitled in that character to whatever personal estate might…
2Cited by2 opinions
- Schroeder v. BohlsenCourt of Appeals of Kentucky · 1904
- Inhabitants of Portland v. Inhabitants of BangorSupreme Judicial Court of Maine · 1856