McVay's Adm'r v. Ijams
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. JOHN E. MooRE. DetiNue by Robert M. Patton, as administrator of Hugh McVay, deceased, for a negro woman (named Perse) and her three children, whom the said McYay conveyed by deed of gift to his daughter Eliza W. Martin.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. JOHN E. MooRE. DetiNue by Robert M. Patton, as administrator of Hugh McVay, deceased, for a negro woman (named Perse) and her three children, whom the said McYay conveyed by deed of gift to his daughter Eliza W. Martin. The court charged the jury, that the said deed of gift (for which see the opinion of the court) conveyed the absolute interest in the slaves to the said Eliza, and that consequently the plaintiff could not recover : and this charge, to which the plaintiff excepted, is now assigned for error. • The appellant…
1Opinion of the CourtChilton, C. J.
This case turns upon the construction of the deed of gift, made by McVay to his daughter, Eliza W. Martin. The language is — "I give, grant, and confirm unto Eliza W. Martin, a negro girl, named Perse, to have, hold and enjoy said property and her increase, during the natural life of my said daughter ; which property, at her death, shall descend to the natural heirs of her body ; provided always, and upon this condition, and it is the true intent and meaning of these presents, that in case my said daughter above named die, leaving no natural heirs of her body, then, and in that case, said…
2Cases cited2 opinions
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