Bivins v. Crawford
Supreme Court of Georgia
This was a motion in-Marion County Superior Court, on an appeal' from the Court of Ordinary, to set aside the fifth and sixth items of Thomas Bivins’ will. Argued and determined at chambers, by «onsent of counsel. Decision by Judge Worried. Thomas Bivins died leaving a will, of which the following are the fith and sixth items: “ Item fifth.
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This was a motion in-Marion County Superior Court, on an appeal' from the Court of Ordinary, to set aside the fifth and sixth items of Thomas Bivins’ will. Argued and determined at chambers, by «onsent of counsel. Decision by Judge Worried. Thomas Bivins died leaving a will, of which the following are the fith and sixth items: “ Item fifth. After the death of my wife Jane, it is my will and desire that my executor, hereinafter named, shall take all of my slaves and their increase, which are now or may hereafter be born, to some State or Territory of the United States, which will admit them,…
1Opinion of the Court
*227 By the Court
Lumpkin J.
delivering the opinion.
We are unable to distinguish this case from that of Thornton vs. Chisholm, (20 Ga. Rep. 338.) True, that in that case, there were words of present manumission used in the instrument. “I have manumitted and set free, and do manumit and set free,” &c. But the Court laid no stress upon this language in the decision.
These negroes were the property of Mrs. Bivins till the moment of her death. The instant afterwards they were, by the terms of the will, freemen in this State.
But were this not so, we are inclined to think, that policy forbids that such a…
2Cases cited1 opinion
- Thornton v. ChisholmSupreme Court of Georgia · 1856