Nimmo v. Davis
Texas Supreme Court
Appeal from Hilam. The appellants brought suit against the appellees, on the 1st day of May, 1845, to recover certain njgroes claimed by the former, in right of Rhoda, wife of James Mmmo, and her children, Elizabeth Fuller and others, plaintiffs.
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Appeal from Hilam. The appellants brought suit against the appellees, on the 1st day of May, 1845, to recover certain njgroes claimed by the former, in right of Rhoda, wife of James Mmmo, and her children, Elizabeth Fuller and others, plaintiffs. The plaintiffs claimed the property as legatees under the will of their ancestor, Samuel Hamner, father of Rhoda Mmmo, made in the State of Virginia, in the year 1817. The clause of the will under which tiicy claimed was as follows: “I convey to the care of William Hamner, Morris Hamner, and Samuel Hamner, as trustees for my daughter, Rhoda Mmmo, and…
1Opinion of the CourtWheeler, J.
The principal inquiry in this case is as to the legality and validity of the distribution made of the property in the State of Alabama. This will depend upon the power of the parties to dispose of their respective interests in the estate, and the intrinsic fairness of the transaction.
The intervention of trustees did not render the estate or interest vested in the plaintiffs, as beneficiaries, inalienable. In general, the cestui que trust or beneficiary in a trust estate may convoy his interest at pleasure, as if lie were the legal owner. (4 Kent Comm., 304.)
The terms employed in the will to…
2Cited by15 opinions
- Hale v. HollonTexas Supreme Court · 1897
- Perry v. SmithTexas Commission of Appeals · 1921
- Curtis v. AycockCourt of Appeals of Texas · 1944
- Edwards v. EdwardsCourt of Appeals of Texas · 1932
- Hawkins v. LeeTexas Supreme Court · 1858
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