Creswell's v. Walker
Supreme Court of Alabama
Ai'ueal from the Chancery Court of Greene.. Heard before the Hon. Jas. B. Clare. Tiie bill in this case was filed by the executor of John T. Croswell, deceased, against Mrs. Zernula Walker, and others, as legatees and heirs-at-law of said testator; and sought tbe direction and instructions of the court, as to the construction of tbe testator’s will, and particularly as to tbe validity and execution of the trusts contained in tbe fourth clause, which was in the following…
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Ai'ueal from the Chancery Court of Greene.. Heard before the Hon. Jas. B. Clare. Tiie bill in this case was filed by the executor of John T. Croswell, deceased, against Mrs. Zernula Walker, and others, as legatees and heirs-at-law of said testator; and sought tbe direction and instructions of the court, as to the construction of tbe testator’s will, and particularly as to tbe validity and execution of the trusts contained in tbe fourth clause, which was in the following words : “It is further my will and desire, that my faithful slavés, Tom, Dublin, Aun, and Maria, be liberated and set free;…
1Opinion of the CourtR. W. Walker, J.
—In Carroll and Wife v. Brumby, (13 Ala. 102,) the testator had by his will declared, that . certain of his slaves should be permitted to go to Africa, .their passage to be paid, &c.; but, if they desired to remain -subject to his daughter, as they had been to him, they -.should be permitted to do so; but in no event to be sold, <or deprived of this privilege, either before or alter the death of his said daughter. “ Should they, or any, or all, prefer ■not to emigrate, then, in that event, they shall be subject to my daughter, as they are to me.” In passing upon this will, this court held,…
2Cases cited6 opinions
- Robert Boyce, in Error v. Paul Anderson, in ErrorSupreme Court of the United States · 1829
- Cox v. Taylor's AdministratorCourt of Appeals of Kentucky · 1849
- Atwood's Heirs v. BeckSupreme Court of Alabama · 1852
- Carroll v. BrumbySupreme Court of Alabama · 1848
- Gibson v. AndrewsSupreme Court of Alabama · 1842
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