Dunn v. Davis
Supreme Court of Alabama
Writ of Error to the Circuit Court of Shelby. Detinue by Joseph B. Dunn and others, against Davis, to recover a certain slave. At the trial, the plaintiffs made title to the slave in controversy, under the will of Archer Barton, which contains this clause: “ I give to my daughter Mina, during her natural life, and at her death to her heirs, or children, my negro man, Abram.”
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Writ of Error to the Circuit Court of Shelby. Detinue by Joseph B. Dunn and others, against Davis, to recover a certain slave. At the trial, the plaintiffs made title to the slave in controversy, under the will of Archer Barton, which contains this clause: “ I give to my daughter Mina, during her natural life, and at her death to her heirs, or children, my negro man, Abram.” They then proved this will was made in the year 1832, ill Lowndes county, in this State — that Mina therein named was then the wife of Solomon W. Dunn — that both husband and wife died in the State of Arkansas, previous…
1Opinion of the CourtGoldthwaite, J.
1. I feel some degree of hesitation in expressing my individual opinion in regard to the construction of this will, inasmuch as it differs entirely from that of a majority of the court. What did the testator mean by the terms heirs, or children, must be the common question to be answered by all, for it is that intention which must be carried into effect if it be consistent with law. I understand him to mean, not merely children which should be living at his death, but all who should be subsequently born to his daughter. I also understand him to mean a matter greatly beyond this, and that if…
2Cases cited1 opinion
- Merrymans v. MerrymanSupreme Court of Virginia · 1817
3Cited by17 opinions
- Hancock v. ButlerTexas Supreme Court · 1858
- May v. RitchieSupreme Court of Alabama · 1880
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Elmore v. MustinSupreme Court of Alabama · 1856
- Hall v. CondonSupreme Court of Alabama · 1909
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