Snowden v. . Banks
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Pasquotank County, at the Spring Term 1849, his Honor Judge Manly presiding. This was a petition filed originally in the County Court and carried by appeal to the Superior Court, in which the facts were alleged as follows.
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Appeal from the Superior Court of Law of Pasquotank County, at the Spring Term 1849, his Honor Judge Manly presiding. This was a petition filed originally in the County Court and carried by appeal to the Superior Court, in which the facts were alleged as follows. Richard Wadkins bequeathed to his daughter, Mrs. Snowden, a negro woman, named Ary ; and then, in his life time, he sold her for the sum of $325. This is a suit brought by the daughter against the executor for the $325; and the petition states, that the testator sold the negro “for some good and sufficient cause, and not for the…
1Opinion of the CourtRuffin, C. J.
The gift is specific of a particular negro by name. Of course, if the testator had no such negro, the gift would necessarily fail. It is equally well settled, that, if he had the thing at the making of the will, and it be afterwards destroyed, or disposed of by the testator, the legacy likewise fails by what is called an ademption. There is in neither case any thing to answer the description in the will; and therefore the will passes nothing. It is said, indeed, that this testator kept the identical money got for the negro, and intended the daughter to have that, instead of the negro. That is…
2Cited by4 opinions
- Ex Parte LandryCourt of Criminal Appeals of Texas · 1912
- Wolcott v. ShawCourt of Chancery of Delaware · 1930
- King v. . SellersSupreme Court of North Carolina · 1927
- Tighe v. MichalCourt of Appeals of North Carolina · 1979