Bethea's v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. Jno. K. HenbY. This action was brought by Abijah Miller, as executor of the last will and testament of David Bethea, against Malcolm W. Smith, to recover a negro woman by the name of Zena, together with damages for her detention; and was commenced on the 8th September, 1860. The plaintiff claimed the slave under the sixth clause of the testator’s will, which is copied in the opinion of the court; while the…
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. Jno. K. HenbY. This action was brought by Abijah Miller, as executor of the last will and testament of David Bethea, against Malcolm W. Smith, to recover a negro woman by the name of Zena, together with damages for her detention; and was commenced on the 8th September, 1860. The plaintiff claimed the slave under the sixth clause of the testator’s will, which is copied in the opinion of the court; while the defendant claimed under a purchase from John W. Bridges, whose wife, Mrs. Elizabeth Bridges, was a daughter of said testator.…
1Opinion of the CourtByrd, J.
The appellant, as executor of the last will and testament of David Bethea, deceased, instituted this suit, to reepver of the appellee a slave, and predicated his title upon the will, the sixth clause of which is in these words: “ It is my will and desire, that all the residue or remainder of my property, both real and personal, be divided equally among my heirs, my wife excepted, whose portion has already been set apart; and in the event of the death of either, without leaving lawful issue, that their portion of my estate herein bequeathed shall revert to, and become a portion of my estate,…
2Cases cited11 opinions
- Flinn v. DavisSupreme Court of Alabama · 1850
- Thrasher v. IngramSupreme Court of Alabama · 1858
- McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
- Powell v. GlennSupreme Court of Alabama · 1852
- Jemison v. SmithSupreme Court of Alabama · 1861
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