Benton v. Patterson
Supreme Court of Georgia
Levy and claim, in Bibb Superior Court. Decision at July Term, 1849, by Judge Floyd. The facts in this case were agreed upon as follows : A fi. fa. (Amos Benton vs. Jos.
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Levy and claim, in Bibb Superior Court. Decision at July Term, 1849, by Judge Floyd. The facts in this case were agreed upon as follows : A fi. fa. (Amos Benton vs. Jos. W. Patterso?i, to July Term, 1849, dated 5th February, -1849,) was levied on certain slaves or their issue, embraced by the will hereafter reeited; that Patterson, after said judgment, had intermarried with Virginia C. Wilkinson, and was in possession of said property at the levy, worth $1500 ; that the wife of Patterson was the daughter of Cecilia Porter, and once the widow of William L. Wilkinson; that the latter died in…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Are the four negroes levied on subject to be seized and sold as the property of Patterson, the defendant in execution? *150The answer to this question depends upon the construction to be put upon the will of Mrs. Cecilia Porter. If the bequest to her daughter, Mrs. Wilkinson, (at the time of making the will,) now Mrs. Patterson, created an estate tail in these slaves, then, under the Act of 1821, the daughter of the testatrix took an absolute fee, which being held in trust, for her sole and separate use, during her first coverture, vested at the…
2Cited by5 opinions
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- Wilkerson v. ClarkSupreme Court of Georgia · 1888
- Evans v. EdenfieldSupreme Court of Georgia · 1930