Lea v. . Brown
Supreme Court of North Carolina
«Cause removed from the Court of Equity of Caswell. The bill was filed by the plaintiffs, to wit, the next of kin and heirs-at-law of Nathaniel Lea, against his executor, and against the legatees mentioned in the 5th and 6th items of the will.
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«Cause removed from the Court of Equity of Caswell. The bill was filed by the plaintiffs, to wit, the next of kin and heirs-at-law of Nathaniel Lea, against his executor, and against the legatees mentioned in the 5th and 6th items of the will. The ground of claim was that, as to Fanny, Mariah, Mary Anne, &c., and as to the land, given for their comfort and assistance, and as to the sum of $3,000, the legacies were void, as being against the policy of the law with regard to the emancipation of slaves, and asking for an account and distribution. The defendants answered, setting forth the fact,…
1Opinion of the CourtPearsox, J.
It may seem hard that one is not allowed to dispose of his own property as he pleases; but private right must yield to the public good. The policy which forbids emancipation, unless the freed negroes are sent out of the State, and tbe policy wbieli forbids quasi emancipation, by which particular negroes are to be allowed privileges, and are not to be required to work like other negroes, but to some extent are to have a- discretion either to work or not to work, as they may feel inclined, is fully settled by the numerous cases which have been before our Court, and is strongly enforced by the…
2Cited by7 opinions
- Faison v. . MiddletonSupreme Court of North Carolina · 1916
- Allen v. MooreNew Jersey Court of Chancery · 1916
- Holton v. Jones.Supreme Court of North Carolina · 1903
- Allen v. MooreNew Jersey Court of Chancery · 1916
- Howell v. . MeheganSupreme Court of North Carolina · 1917
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