Easley's Executors v. Easley
Court of Appeals of Kentucky
Case 15. APPRAL FROM FRANKLIN CIRCUIT. Case Stated. This suit was brought by Miller Easly, executor of Woodson G. Easley, against Martha A. Easley, the widow of said Woodson G. Easley, to recover several slaves alleged to be the property of the testator at his death. The defendant, by her answer, denied that she detained the slaves; denied that they were the property of plaintiff’s testator, and denied the plaintiff’s right to the possession of them.
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Case 15. APPRAL FROM FRANKLIN CIRCUIT. Case Stated. This suit was brought by Miller Easly, executor of Woodson G. Easley, against Martha A. Easley, the widow of said Woodson G. Easley, to recover several slaves alleged to be the property of the testator at his death. The defendant, by her answer, denied that she detained the slaves; denied that they were the property of plaintiff’s testator, and denied the plaintiff’s right to the possession of them. The testimony showed that the slaves were in the possession of the testator, W. G. Easley, at his death, and many years before; that they…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
This action was brought by the executor against the widow of the testator for several slaves, which, as alleged in the petition, she unlawfully detained from the plaintiff.
The testator’s will contained a specific devise of the slaves sued for, and therefore it is insisted that the title to them passed to the devisees, and not to the executor, and that the latter cannot maintain a suit for them.
The will was executed and the testator died in 1854; the legal effect of the provisions of the will, and the rights of the executor, must therefore be…
2Cases cited6 opinions
- Pool v. AdkissonCourt of Appeals of Kentucky · 1833
- Rucker v. HamiltonCourt of Appeals of Kentucky · 1835
- Norton v. Doe ex dem. SandersCourt of Appeals of Kentucky · 1833
- Frazier v. HarvieCourt of Appeals of Kentucky · 1822
- Jones v. HenryCourt of Appeals of Kentucky · 1823
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