Adams v. Dixon
Supreme Court of Georgia
In Equity, in Catoosa Superior Court. Decided by Judge Trippe, October Term, 1855. This was a bill of interpleader, filed by Adams, as executor of Jonathan Fielding, deceased, setting forth, tbafc in the will of said Fielding, certain negroes were specifically bequeathed to his widow and his three brothers, James, Henry and George Fennell Fielding; that complainant, as executor., had said slaves in possession, and that he has -been sued in Trover for them, by John Dickson,…
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In Equity, in Catoosa Superior Court. Decided by Judge Trippe, October Term, 1855. This was a bill of interpleader, filed by Adams, as executor of Jonathan Fielding, deceased, setting forth, tbafc in the will of said Fielding, certain negroes were specifically bequeathed to his widow and his three brothers, James, Henry and George Fennell Fielding; that complainant, as executor., had said slaves in possession, and that he has -been sued in Trover for them, by John Dickson, as administrator of Elizabeth Fielding, a former wife of testator, who claims them under an anti-nuptial agreement,…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
Complainant’s testator, amongst other things, bequeathed to his wife and three brothers all his negroes, to be equally-divided among them. After the probate of the will, and the qualification of complainant as executor, he was sued, in an action of trover, by John Dickson, as administrator of Elizabeth Fielding, deceased, a former wife of the testator, for all the negroes embraced in the will, claiming them under ante-nuptial marriage articles as the property of his intestate. The-legatees claim the property under the will.
The complainant files…
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