Jordan v. Thornton
Supreme Court of Georgia
Trover, in Baldwin Superior Court. Tried before Judge Merriwether, August Term, 1849. Benjamin G. Thornton, and three others, children of Mary H. Thornton, she being dead, commenced an action of trover, for a negro, against Benjamin S. Jordan.
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Trover, in Baldwin Superior Court. Tried before Judge Merriwether, August Term, 1849. Benjamin G. Thornton, and three others, children of Mary H. Thornton, she being dead, commenced an action of trover, for a negro, against Benjamin S. Jordan. On the trial, the will of Mildred Dudley was offered in evidence, by which the negro in dispute was bequeathed to “ Anthony R. Thornton, in trust, for the use and benefit of Mary H. Thornton, during her natural life; and after her decease, for the use of her children, then living, or which may hereafter be born, and their heirs, forever.” The…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] The testatrix bequeathed the negro man Albert, (the property in litigation,) in the following terms : “I give and bequeath to my son, Anthony R. Thornton, a negro woman named Pat, and her child named Albert, and all the future increase of said Pat, in trust, as aforesaid, for the use and benefit of Mary H. Thornton, wife of my son Benjamin G. Thornton, during her natural life; and after her decease, for the use of their children now living, or which may hereafter be born to them, and their heirs forever.” The property, (Albert,) went into…
2Cases cited1 opinion
- Marsteller and Others v. McCleanSupreme Court of the United States · 1812
3Cited by23 opinions
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- Citizens Bank v. Citizens & So. BankSupreme Court of Georgia · 1925
- Clark v. BakerSupreme Court of Georgia · 1938
- Lewis v. PattersonSupreme Court of Georgia · 1940
- McGahee v. McGaheeSupreme Court of Georgia · 1948
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