Legal Opinion

Harrison v. . Everett

Supreme Court of North Carolina

Decided December 5, 1859PublishedCited by 1 opinion

Cause removed from the Court -of Equity for Caswell county. John Everett-died in the county of Caswell, in the month •of June, 1858, und left a last will and testament, one clause of which is in the following words: “ I desire that my ne-groes shall have the privilege of selecting their masters, their value to be ascertained by two disinterested men, one selected by the master they may choose, and one by my executors.

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Cause removed from the Court -of Equity for Caswell county. John Everett-died in the county of Caswell, in the month •of June, 1858, und left a last will and testament, one clause of which is in the following words: “ I desire that my ne-groes shall have the privilege of selecting their masters, their value to be ascertained by two disinterested men, one selected by the master they may choose, and one by my executors. The bill is filed by the executors for the direction of the Court, as to their duty arising Under this -clause of the will.

1Opinion of the CourtBattle, J.

The only question ilpon which a declaration of our opinion is ashed, at present, is whether that provision of the testator’s will, in which he expresses his desire that his slaves, whom he directs to he sold, shall have the privilege of choosing their own masters, the price to be as6ertained by two persons, to be chosen by the masters and the e-xecutors respectively, is consonant with law, and proper to be carried out by the executors. It is settled in this State that such a humane provision by a testator is not against the policy of our law, and ought to he observed. Washington v. Blount, 8…

2Cited by1 opinion

  1. Washington v. . BlountSupreme Court of North Carolina · 1852

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