Cunningham v. . Cunningham

The intention of the testator seems plainly to have (521) been to transfer the beneficial interest in the lands to Rachel and her children; and were there no legal impediments to the effecting of such an object, I should think the words made use of equivalent to an express devise of the land. But it is indispensable to the validity of every devise that there be a devisee appointed who is competent to take. Slaves have not that competence; for a civil incapacity results from the nature and condition of slavery. And it would be a solecism that the law should sanction or permit the acquisition…