Lang v. Pettus
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Madison. The case made by the record is this: Some time in the year 1827, Nancy Graves died in Madison county, having made a will, which was there afterwards admitted to probate, and the defendant, Pettus, named and qualified as executor. By this will, the testatrix gave to the petitioners, by the name of the children and heirs of Susan Lang, certain slaves, which came to the possession of the defendant as executor.
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Writ of Error to the Orphans’ Court of Madison. The case made by the record is this: Some time in the year 1827, Nancy Graves died in Madison county, having made a will, which was there afterwards admitted to probate, and the defendant, Pettus, named and qualified as executor. By this will, the testatrix gave to the petitioners, by the name of the children and heirs of Susan Lang, certain slaves, which came to the possession of the defendant as executor. The object of the petition is to compel the executor to deliver the slaves to the petitioners. The defendant, in answer to the petitioner’s…
1Opinion of the CourtGoldthwaite, J.
1. The precise question in this cause is, whether, when a bequest of slaves is made to a mi*39nor, the executor will be discharged by a delivery of them to the father of the minor. We think it a mistake to suppose this point has been decided affirmatively by this court, though there certainly are dicta, which, without explanation, may have the effect to mislead the profession, as they doubtless did the orphans’ court in this instance.
The point of decision in Hall v. Lay, 2 Ala. Rep. 529, was the validity of an appointment by the orphans1 court of a guardian to a minor whose father was living. We…
2Cases cited4 opinions
- Isaacs v. BoydSupreme Court of Alabama · 1837
- Wood v. WoodSupreme Court of Alabama · 1842
- Hall v. LaySupreme Court of Alabama · 1841
- Smith v. WilliamsonGeneral Court of Virginia · 1801
3Cited by3 opinions
- Alston v. AlstonSupreme Court of Alabama · 1859
- Pollard v. PollardSupreme Court of Alabama · 1922
- Nelson v. BeckSupreme Court of Alabama · 1875