Bird v. Vail
Supreme Court of Louisiana
APPEAL from the District Court of East Baton Rouge, Robertson, J. The will has the following clause : “ It is my request that my executors set my girl Jam free, and give her the money of two notes I have, each of one hundred dollars.”
1Opinion of the CourtCampbell, J.
Plaintiff, as testamentary executor of the last will of H. 0. Vail, deceased, sues for the possession of a slavenamed Jane, who was directed by the testator to be liberated. Seizin of the slave is not given to the executor by the will. The defendants, Alexander and wife, disclaim possession, and the latter, who is one of the heirs of the deceased, releases in favor of Jane, any right to her that she may have.
The defendant Vail, who is also one of the heirs of deceased, averring that he has accepted the succession unconditionally, claims that even though the slave be entitled to her freedom…
2Cases cited1 opinion
- Wintercast v. SmithSupreme Court of Pennsylvania · 1833