Legal Opinion

Pournell v. Harris

Supreme Court of Georgia

Decided January 15, 1860PublishedCited by 3 opinions

Trover, from Washington county, Before Judge Holt, at March Term, 1859. This was an action of trover, by John Pournell and wife, and others, against Daniel Harris, for the recovery of certain negro slaves, claimed by the plaintiff under the sixth item of the last will and testament of James Haily, deceased, late of the State of Virginia, and which item is as follows, viz : “ Item Sixth.

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Trover, from Washington county, Before Judge Holt, at March Term, 1859. This was an action of trover, by John Pournell and wife, and others, against Daniel Harris, for the recovery of certain negro slaves, claimed by the plaintiff under the sixth item of the last will and testament of James Haily, deceased, late of the State of Virginia, and which item is as follows, viz : “ Item Sixth. I lend to my grand-daughter, Jincey Jordan, during her natural life, the use and services of the following slaves and their increase, to-wit: Edy, Fortune, Rody, Ferriby and Littice, (which said negroes I had…

1Opinion of the Court

— Lyon.J,

By the Court.

delivering the opinion.

[1.] What interest or title did Jincey Jordan take in the negroes named in the sixth item of the will of James Haily, according to the laws of force in the State of Virginia, where the will was executed, and where the testator resided, and subsequently died in 1795? This is the question that this record presents for the adjudication of this Court; for by those laws, then in force in that State, must this Court be governed in construing and giving effect to this provision of that will.

*738By an Act of the Legislature of the State of Virginia, of 7th…

2Cases cited2 opinions

  1. Jiggetts v. DavisSupreme Court of Virginia · 1829
  2. Ball v. PayneSupreme Court of Virginia · 1827

3Cited by3 opinions

  1. Hertz v. AbrahamsSupreme Court of Georgia · 1900
  2. Savannah Bank & Trust Co. v. GrooverCourt of Appeals of Georgia · 1937
  3. Wilkerson v. ClarkSupreme Court of Georgia · 1888

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