Colbert v. Daniel
Supreme Court of Alabama
[BILL IN EQUITY BY LEGATEE AGAINST EXECUTOR.] Appeal from the Chancery Court of Barbour. Heard before the Hon. "Wade Keyes.
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[BILL IN EQUITY BY LEGATEE AGAINST EXECUTOR.] Appeal from the Chancery Court of Barbour. Heard before the Hon. "Wade Keyes. The material facts of this case may be thus stated: In the year 1800, Levi Daniel died in Talbot county, Georgia, the place of his residence, leaving a widow (Martha) and three children (James L., Catherine, and Juliet) him surviving, and having executed his last will and testament, which contained a clause in these words : “I lend to my wife, during her natural life, the following negroes,” (nine in number, which are designated by name;) “and after my wife’s decease, it…
1Opinion of the CourtWalker, J.
The slaves, which were allotted by the executor of the last will and testament of John Daniel, deceased, to the decedent’s widow, Martha Daniel, were by the widow bequeathed to her younger sons, and passed into their possession upon her death, before the commencement of this suit. The complainant, therefore, cannot have a recovery from the executor of a share in the specific property. If she obtain any relief, it must be a pecuniary recovery for the devastavit committed by the executor. Notwithstanding it may be true that, under the will of John Daniel, the widow was entitled to a share of…
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