Powell v. . Cook
Supreme Court of North Carolina
Detinue fot-' a male slave, named Willis. The case was submitted to Mahtin Judge, at Wake, on tire last Fall circuit, on the following facts. Dempsey Poxvell in the year 1818, put into Hie possession of Jhnelia Cook, the wife of the defendant, a negro girl pained Ferebe, who continued in the possession of the plaintiff during the life of Powell, the defendants usjng her and her issue, as their own.
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Detinue fot-' a male slave, named Willis. The case was submitted to Mahtin Judge, at Wake, on tire last Fall circuit, on the following facts. Dempsey Poxvell in the year 1818, put into Hie possession of Jhnelia Cook, the wife of the defendant, a negro girl pained Ferebe, who continued in the possession of the plaintiff during the life of Powell, the defendants usjng her and her issue, as their own. Dempsey Poxvell by his will bequeathed as follows : “ I lend unto Ame-“Ua Cook, (half sister of my wife,) during her life time, “ one negro girl named Ferebe, now in her possession, “and after her…
1Opinion of the Court
DaNiex, Judge.
As the will did not begin to operate until the death of the testator, no right to the slavo Ferebe was vested in Amelia Cook, until that time. The slave Ferebe only, and not her children born between the date of the will and the death of the testator, passed Id Amelia Cook for her life, (Jones v Jones, Con.Rep.310.) The subsequent words made use of by the testator in Hie same clause of the will which gives the slave Ferebe, to Amelia Cook for life, which words are as follows :— And after her (Amelia Cook's) death, I give the said negro girl Ferebe, and her increase to Pollij…
2Cited by1 opinion
- Jones v. . JonesSupreme Court of North Carolina · 1801