In re Mickel
New York Supreme Court
THIS case came before the court upon the return to a Habeas Corpus, directed to Samuel M'Clallen, who held, and claimed, a negro girl, named Nan Mickel, as his slave.
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THIS case came before the court upon the return to a Habeas Corpus, directed to Samuel M'Clallen, who held, and claimed, a negro girl, named Nan Mickel, as his slave. Henry Michael, the owner of the negro girl, by his last will and testament, dated the 15th day of January, 1813, declared as follows: “ I manumit and give freedom to my negro woman Molt, and her daughter Nan, immediately after my decease.’’ The testator, however, soon after the date of his will, sold Nan as a slave to one Cook, from whom M‘Clallan derived his title. The testator, Michael, afterwards died. The question submitte<^…
1Per curiam
The sale made by, the testator, after making his will was, pro tanto, a revocation of the will. This would certainly be the operation as to the disposition of any other property owned by him, and there can be no solid reason why it should not be so with respect to this wench. It ought to be observed, that she is not claimed as a slave for life,but only until she is 25 year's of age, having been born since July, 1799. A will has no effect, or operation, until the death of the testator. No person can claim any right, or interest, under it. It is completely under the control and direction of the…
2Cited by3 opinions
- Hoitt v. HoittSupreme Court of New Hampshire · 1885
- Delafield v. ParishNew York Surrogate's Court · 1857
- Smith v. HoffNew York Supreme Court · 1823