Freeman v. Flood
Supreme Court of Georgia
Trover, in Eranklin Superior Court. -Tried before Judge Jackson, October Term, 1854. This was an action brought by Levisa Flood to recover a-negro. The plaintiff introduced in evidence the will of her father,. John Bellamy, who died in 1829, and whose will had been regularly proven, &c. The will contained several items. The 1st was to his wife, of certain property, “ during her natural life or widowhood.”
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Trover, in Eranklin Superior Court. -Tried before Judge Jackson, October Term, 1854. This was an action brought by Levisa Flood to recover a-negro. The plaintiff introduced in evidence the will of her father,. John Bellamy, who died in 1829, and whose will had been regularly proven, &c. The will contained several items. The 1st was to his wife, of certain property, “ during her natural life or widowhood.” The 2d, 3d, 4th and 5th items were bequests to different sons in the nsual words, without ’any per culiar expression. The 6th was in these words: “I give my daughter Lucy two negroes,…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
It is unnecessary for us to consider that vexed question of law which was brought to our attention, and which involves the consideration of a married woman’s right to dispose of her separate estate, as a feme sole, where she is not restrained by the instrument creating it; for in our opinion, the terms of John Bellamy’s-will do restrain the right of his daughter, Mrs. West-brook, to alienate the slave in question.
£1.] The first question on which it is proper for us to express an opinion is, whether or not the language used by the testator, John…
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