#### *Jonathan Wright and wife, and others vs. W. H. Herron and others.*

W. H. executed a deed by which he conveyed certain negroes to a trustee “ for the use of myself and wife IST. during our joint lives, and after my death for the use of my said wife, during her life; and after the death of my wife, for the use of my children which X have begot or may beget on the body of the said XT. which may be living at her death," &c. W. H. survived his wife XT.: *Held,*that upon tho death of XT. the interest of W. XL in the negroes ceased, and they vested in the children absolutely.

*Before*Dunkin, Ch., *at Darlington, February,*1854.

This suit was brought by the children of Nancy H. Herron, who died in 1848. The plaintiffs claimed from the defendant William H. Herron, a delivery to them, with an account of hire, of the slaves and their increase, included in a deed, executed by William H. Herron, which is as follows :

*340STATE OF SOUTH-OAROLINA, ? . Darlington District. $

*Know all men by these*presents, that I, William H. Herron, for and in consideration of the natural love and affection which I have towards my wife and children hereinafter named ; also for and in consideration of the sum of ten dollars by Newitt Delk, to me .in hand paid at the delivery of these presents, have bargained, sold and delivered, and by these presents do bargain, sell and deliver to the said Newitt Delk, the following negroes : a girl named Ann, about fourteen years of age, a negro boy named Belford, about twelve years of age ; a negro boy named Charles, about eight years of age *;*a woman named Maria, about twenty-eight years old ; a negro girl named Cherry, about eight years old; and a negro boy named Ralph, about three years old: to have and to hold all and singular, the said ne-groes and their increase to the said Newitt Delk and his heirs forever: In trust, nevertheless, that the said Newitt Delk shall hold the said negroes and their increase in trust for the use of myself and wife Nancy A. Herron, during our joint lives, and after my death, for the use of my said wife during her life; and after the death of my wife, for the use of my children which I have begot, or may beget on the body of the said Nancy H. Herron which may be living at her death, the issue of any deceased child being entitled to represent their parents in the division: also, for the use of any children of the said Nancy, which she may have on a second marriage. In witness whereof, I have hereunto set my hand and seal, this 2d January, A. D. 1837.

WM. H. HERON, [l. s.J

Signed, sealed and delivered in the presence of — the concluding lines, commencing “ also for the use of,” &c., interlined before signing.

Peter C. Coggeshall,

John W. Lide.

*341Dtjnkin, Ch. Whatever may have been the purposes of the grantor, or whatever his instructions to counsel, the Court, in this form of proceeding, can look at the deed of January, 1837, only as it stands, and give effect to it according to the legal construction of the terms used. Judging in this manner the slaves were to be held for the joint use of Wm. H. Herron and Nancy his wife, during their joint lives; and upon the death of the wife, for her children absolutely.

Mrs. Herron died in 1848, and the plaintiffs are her children, and became thereupon entitled to the possession and enjoyment of the estate.

These slaves, or those from whom they descended, were originally the property of Newitt Delk, the father of Nancy Her-ron. By a deed dated March, 1830, he gave two of the slaves to his daughter in the terms therein stated. By another deed of March, 1833, he gave her another slave in the same terms— and by a deed of December, 1836, he gave her two slaves in different terms.

The defendant says he was advised that under these deeds he took an absolute estate, and that therefore, and “ for the purpose of conciliating Newitt Delk,” he executed the deed of January, 1837.

As to the deeds of 1830 and 1833, it might, with great reason, be maintained that the limitation over was valid, and in that view the plaintiffs are entitled under that limitation ; but assuming that the limitation was invalid, as was clearly that of December, 1836, then the wife took an absolute estate, which vested in her husband by virtue of his marital right, and passed under his own deed of January, 1837.

In any view it appears to the Court that the plaintiffs are entitled to the slaves and their increase, and to an account of the hire since the death of Nancy Herron. *It is ordered and decreed,*that the slaves be delivered up and that a writ of partition issue to divide the same among the parties entitled, and that it be referred to the Commissioner to take an account of the hire and services of the slaves, and that he report thereon.

*342The defendant appealed on the grounds :

1. Because by proper construction of the deed of January, 1837, the defendant, after the death of his wife, was entitled to a life interest in all of the negroes in which before January» 1837, he had an absolute estate.

2. Because no hire should be decreed in relation to any of the negroes.

*Moses, Haynsworth,*for appellant.

*Dargan,*contra. .

*Per Curiam.*

We are of opinion, that the Chancellor’s construction of Herron’s deed of January 2d, 1837, was correct: which obviates the necessity of looking into the three deeds of Newitt Delk. It is, therefore, ordered that the decree be affirmed, and the appeal dismissed.

JohnstoN, Dunkin, Dargan and Wardlaw, CC., concurring.

*Appeal dismissed.*