Cleland v. Waters
Supreme Court of Georgia
In Equity, in Gwinnett Superior Court. Decision on demurrer, by Judge Jackson, March Term, 1854. Thomas J. Waters departed this life testate. The following is a copy of his will, excepting the 1st and 2d items. “ Thirdly.
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In Equity, in Gwinnett Superior Court. Decision on demurrer, by Judge Jackson, March Term, 1854. Thomas J. Waters departed this life testate. The following is a copy of his will, excepting the 1st and 2d items. “ Thirdly. Whereas, I own and hold in possession the undernamed slaves, to-wit: Rory, Queen, his wife, her children, William and Rose, Mary’s brothers, Pompey and Tom, Mary’s sister Caroline, and Caroline’s daughter, Dinah, (with the exception of Pompey, the above people are at present in Bryan County, in this State). Also, the following slaves in GwinnettCounty, State aforesaid,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The demurrer in this case was special, viz: that the third item of the will of George M. Waters did not emancipate the negroes therein named, except William, the body servant of 'the testator, and the future increase of the female slaves mentioned. The question was not made in the Court below, and was expressly waived in the argument in this Court, as to the legality of such emancipation; and we are called on simply to determine what is the true construction of this will, as to the -slaves in controversy.
The first object of a Court in construing…
2Cases cited1 opinion
- Covenhoven v. ShulerNew York Court of Chancery · 1830
3Cited by2 opinions
- Graham v. GrahamWest Virginia Supreme Court · 1883
- Cleland v. WatersSupreme Court of Georgia · 1855