Hayley v. . Hayley
Supreme Court of North Carolina
Bill, filed to Spring Term, 1866, of the Court of Equity for Northampton, when a demurrer was put in and th 13-cause set down for argument and transmitted to this, court. The demurrer was argued at the last term of the court, and having been retained under an aclvisari, was. again argued at the present term.
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Bill, filed to Spring Term, 1866, of the Court of Equity for Northampton, when a demurrer was put in and th 13-cause set down for argument and transmitted to this, court. The demurrer was argued at the last term of the court, and having been retained under an aclvisari, was. again argued at the present term. The bill showed that one Holiday Hayley, late of Northampton county, died in June, 1864, leaving by will to-the complainants, who were his slaves, their freedom and ■certain real and personal estate, and that for this they had applied to the defendant without success, &c. The prayer was…
1Dissent
Battle, J.,
Disserting. The pleadings show that the will of the testator was made on the 5th day of August, 1857, and that he died on the 13th day of June, 1861. This will purported to emancipate certain ‘of his slaves, who are the present complainants, and then proceeds to give “ to the above-named liberated slaves ” both land and money. ’ The question presented for consideration is, whether under the circumstances the complainants can take this land and money.
It is admitted that the bequest for emancipation is void by force of the act of 1860, ch. 37,- that being settled by the decision of…
2Cases cited1 opinion
- Lattimore v. DavisSupreme Court of Louisiana · 1839