Lanehart v. Jeter
Mississippi Supreme Court
Appeal from the Court of Probates of Wilkinson county. Hon. Francis Gildart, judge.' Nathan Swayzie died previous to the year 1838, and Ms widow, Narcissa, was appointed and qualified as administratrix of his estate, and as such had in her possession all his slaves, including those in controversy in this suit.
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Appeal from the Court of Probates of Wilkinson county. Hon. Francis Gildart, judge.' Nathan Swayzie died previous to the year 1838, and Ms widow, Narcissa, was appointed and qualified as administratrix of his estate, and as such had in her possession all his slaves, including those in controversy in this suit. In November, 1838, the said Narcissa intermarried' with the appellee, who with her, then continued in possession of all of said slaves until 1843, when said appellee having in the meantime been appointed guardian of the two children of said Nathan, a division of the slaves was made…
1Opinion of the CourtSmith, C. J.
The facts of this case bring it completely within the principle laid down in Johnson v. Duncan, 23 Miss. Rep. 130, which has since been repeatedly recognized by this court.
Applying the rule there settled, it follows that the appellee did not, in virtue of his marriage with Mrs. Narcissa Swayzie, acquire an absolute title to, or the fee in, the slave property to which she was entitled as her statutory portion of her former husband’s estate. The subsequent distribution of Nathan Swayzie’s estate did not affect the rights of the appellee, or those of Mrs. Jeter. The
*652slaves allotted as her share…
2Cases cited2 opinions
- Duncan v. JohnsonMississippi Supreme Court · 1851
- Steadman v. HolmanMississippi Supreme Court · 1857