Phebe v. Quillin
Supreme Court of Arkansas
Appeal from Union Circuit Court in Chancery. Hon. Len. B. Green, Circuit Judge. The plaintiffs had the right to seek relief in chancery, though the statute gives them an action at law, as held by this court in the case of Bob alias Robert Crow vs. Powers, 19 Ark.
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Appeal from Union Circuit Court in Chancery. Hon. Len. B. Green, Circuit Judge. The plaintiffs had the right to seek relief in chancery, though the statute gives them an action at law, as held by this court in the case of Bob alias Robert Crow vs. Powers, 19 Ark. Rep. 437. There this Court cites and adopts the rule held in Nichols vs. Burris, 4 Leigh’s Reps. 296; Cornish vs. Wilson, 2 Gill’s Rep. 299, and Lomax on Ex’rs. 334, “that the assent of the executor to the enlargement of the slave emancipated by will is as necessary as in ordinary cases of specific legacy.” That the assent being…
1Opinion of the CourtJustice Fairchild
On the 27th of September, 1853, Joshua Averett of Union county is alleged to have made his last will and testament, in which is the following clause.
“Item 3rd. It is my wish and desire that all my slaves both in Louisiana and Arkansas, or wheresoever the same may be, should be set free at the expiration of seven years after my death, my nephew, William Jacob Averett, to have charge of said slaves, to receive the revenue arising from the same.”
Relying upon the above clause as a testamentary grant of freedom to them, Phebe and eighteen others, her children and grand children, on the 20th…
2Cases cited2 opinions
- Johnson's Adm'r v. Johnson's HeirsCourt of Appeals of Kentucky · 1848
- Nancy v. SnellCourt of Appeals of Kentucky · 1838
3Cited by6 opinions
- United States v. Westmoreland Manganese Corp.District Court, E.D. Arkansas · 1955
- Winn v. CollinsSupreme Court of Arkansas · 1944
- Vandergriff v. VandergriffSupreme Court of Arkansas · 1947
- Cargill Commission Co. v. CampbellSupreme Court of Iowa · 1930
- Estate of Richet, Superior Court of California, County of San Francisco1909
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