Williams v. Graves
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Tried before the Hon. Sam’l Chapman. This was an action of detinue brought by the defendant against the plaintiff in error to recover possession of a slave.
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Error to the Circuit Court of Sumter. Tried before the Hon. Sam’l Chapman. This was an action of detinue brought by the defendant against the plaintiff in error to recover possession of a slave. Each party claimed under the will of Robert Graves, dec’d— the plaintiff below as his executor, and the defendant as administrator of Thomas Faust, deceased, the late husband of Mary Ann Graves, one of the legatees named in the will,- and into whose possession the slave in controversy came with the assent of the executor. The fourth item of the will gave the slave with others to the said Mary Ann and…
1Opinion of the CourtDargan, C. J.
The first question we propose to examine is, whether the words used in the will are sufficient to sustain the limitation over in favor of the sister and brothers of Mary Ann, should they survive her, and should she die without heirs-of her body.
I will here observe, that there is no question involved in more doubt and difficulty, or that calls more loudly for legislative aid, than the one, what words will be sufficient to create a good limitation over, by way of executory devise. It is true that the books abound with decisions on the question, but they are so contradictory that it is…
2Cases cited8 opinions
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1808
- Elliott v. RossellNew York Supreme Court · 1813
- Morgan v. MorganSupreme Court of Connecticut · 1813
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Powell v. GlennSupreme Court of Alabama · 1852
- Edwards v. BibbSupreme Court of Alabama · 1875
- Robertson v. JohnstonSupreme Court of Alabama · 1860
- Jemison v. SmithSupreme Court of Alabama · 1861
- Isbell v. MaclinSupreme Court of Alabama · 1854
3 more not listed; retrieve them via the Exa API.