Tucker v. Adams
Supreme Court of Georgia
In Equity, in Sumter Superior Court. Decision on demurrer, by Judge Perkins, August Term, 1858. In 1806, William Nelson 'made a deed of gift to his daughter Elizabeth and her husband, John Adams, conveying a negro woman, Judah, and her increase, “For and during their existence in this world, to use and make use of their labor, in any manner, whatever, which they may think conducive to their interest, except that of selling said negro or any part of her increase, to defraud…
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In Equity, in Sumter Superior Court. Decision on demurrer, by Judge Perkins, August Term, 1858. In 1806, William Nelson 'made a deed of gift to his daughter Elizabeth and her husband, John Adams, conveying a negro woman, Judah, and her increase, “For and during their existence in this world, to use and make use of their labor, in any manner, whatever, which they may think conducive to their interest, except that of selling said negro or any part of her increase, to defraud their proper heirs or my intention, by this deed of gift. That is, at the death of the above-named Elizabeth, my…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
[1.] These two cases turn upon one and the same question. That question is, whether the defendants in erroi^take as “purchasers” under the deed of Wm. Nelson.
The answer to this depends upon the answers to two other ques- ■ tions : 1. Did Wm. Nelson intend them, to take as purchasers ? 2. If he did, was such an intention lawful? The intention of every man, if not unlawful, is, as a matter of course, to have effect. This may be assumed.
Lot the case be considered first, as governed by the Law of England.
*550What, then, was Wm. Nelson’s intention ?
That,…
2Cited by22 opinions
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