Bridges v. Wood
Court of Appeals of Kentucky
Detinue. From the Circuit Court for Lincoen County. Slaves owned by a woman at the time of her marriage, and those ■which come to her, by bequest or otherwise, du ring coverture, vest, by statute, in her husband, and pass to his adrn’r, upon his death.
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Detinue. From the Circuit Court for Lincoen County. Slaves owned by a woman at the time of her marriage, and those ■which come to her, by bequest or otherwise, du ring coverture, vest, by statute, in her husband, and pass to his adrn’r, upon his death. But— Where slaves are bequeathed to a married woman, with an intention clearly manifested in the will, that she shall take and hold them independent of her husband, a court of Eq. may consider him as a mere trustee for her benefit, and may substitute another trustee, or may compel the husband, or his administrator,to execute the trust. If the…
1Opinion of the CourtChief Justice Robertson
In 1816, James Davis devised to his daughter, Jane Bridges, then the wife of Absalom Bridges, a female slave and “her increase to be at her own disposal in true faith to her and her heirs forever.”
Afterwards, the husband was possessed of the said slave and her children until his death, which occurred some years after that of the testator. But, during his life, he disclaimed title to them, and repeatedly declared that they were the separate property of his wife. And after his death, his administrator refused to have them appraised, or to take them from the surviving widow;, because, as he…
2Cited by2 opinions
- Thomas v. HarknessCourt of Appeals of Kentucky · 1877
- Harvey Griffith's Ad'r. v. GriffithCourt of Appeals of Kentucky · 1844