Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-06-12
Aearrse: espy. J. P. CLARE, 0Isrk.


be-j - NhueHs adlaini9Af los Vs. Ann fauen
The original bill sled by Benz Walden as administrator
father, Lcdrck Walden, obtain the possession
ayss: as paTs o. 'ts ssae; rom Ann slen. ae
der in her sister, Elizabeth McCrory, and Polly johns, The sister
Of her frst husband. under his urncupaiive viii.
SO she denies that they the property o. her late hGs
band part . the assets, which complainant is
entitled The cross bill IS hsd to set up and haze Protested
this remainder right Te Chancellor Of the
administrator and lis1nis ed the cross bill
The facts follows:
Isaac Johns the frs, husband Of Aau died without children
in IsoS. nswdow the said Ann, oOk possession Of and claim
his personal estate proceeds, Of the OF eight
hundred dollars under ruucupave will in her favor for
life and then 70 her youngest sister, and his equally,
1910 she married Jonathan Key, Of North Carolina
and moved there with him.
They returned in 1872 and settled in Smith county bringing
with them the girl Esther then young, Of whom all
he saves in controversy tie issue she bought
North Carolina S975, with part the money derived
the said Johns estate and title bill Of the usual
r made to the sud Ann, in his name, but without rec
Jonathan Key made his viii in 1896 and the admit
ted to prohatet Felrnsy Term, 1873 Of Smith County Court
lie had number OF children by former wife but noae by the
last In making provision Tor he smo.g other things he says
boy zig Hardy and girl ET aaah sEeTedse At her dscre
Lodriek Walden being widover several children,
RED the said Ann in lag or 80 and died interstate in March $50
The widow refusing surrender these upon dsaLd Of the
administrator, this bill vas dled in April, 1855
II will BE- from this statement that tbs question is whether
the title Of the said Ann such to vest in Walden the
The BIZ criy Gains undivided half Of said slaves
&c admits mat the othr half sold 70 Key il his life Tine
by Henry Basey who married Polly Johns and is long since
da MoCIory Is ths sec al husband y kliza5sth Vest and
behalf claims the other noiey the remainder IN said
Johns the administrators right TO is resisted, bese q
the widows estate which, it insisted never bee tie
Bea ley, which did net Of course eject the life estate
The proof is youminous and mostly Of facts and con-
yersati1ns in relation the which these slaves
held the said Ann, and her last husbands These Of
course conflicting uhd niraetoy as might he eN ects In
Transactions ancient, and which presented in
Fs And We are lett as N most Of sne cases %
q law and OF Tact arising from the acts and OF me
the parties, 10 bring conclusion as to their respective
The orin of the remainder right 81 exists at ALL must he
found in the nuleuPson will Of Isaac Johns This attacked
required by LEA Is Is. This
tnly as it is scarcely possible to conceive Of greater de-
~ any ~ esT', ~ & Ssed md le,.d ~ he 1000
Il was not opposed since been con
% and set nm h. Court of general iu dlctiop Of tbose
questions shall be held matter sdiudst, and ssitsd BY
competent authority subject examination AZ any time,
by statutory sode Of calling fo reprObate in solemn
form and trial upon deU,s re- non need not
decidel the be disposed Of upon other
grounds In the vie~ take Of the the administrator Of
Lorick vaen who claims the title the
t question. tut at it one which concerns the widow, and
the ompIainan in the cross bill, both Of whom recognize and
: rely upon the will as valid.
According vail, then, Johns gives whole estate.
both rel and per.ona to his wife Ann for life and the remain
/ derto his and hsry0uRgest sister equally.
set these slaves is BY Ter sister and her pres
e husband their interest. thus the half
or this property has been before that Esther
Of he orey derived from Johns estate under this viii and the
absolute title " bill Of sale taken herself while she the
seem brquehed them to his wife Ann, his without
restrictions limitations Key died in 1893 and the slaves
1929 80 and they vent with Ter into his possession, asf 50
! contingel until bis death. r
There much proof her declarations. and Of his in loose
conversations relation the title; aud this supposed
frequently referred and edged ~ her
perhaps BY otn But the sill continued In tie
and control Of Vadea aud managed and used as bis
The neiyhboTs regarded the owners and character OF
holding different lights according 70 the different conversations
they might happen hear, the construction plac The
acts the pzrtss Al Ills appears IN the
cord, uncert2n and contradictory to predicate any
property upon and leaves the for the operation d
title presumed 70 With the possession, and
mlrital 10 attach unless the contrary made appear
/ in q reliable and satisfactory mode.
We consider ceaTl established that the e 10 the girl Is
Their OF the purchase passed into Key The husband
Aanin 1911, aal by his will again 20 her in le@s; aud upon
hr marriage with Walden, 1880, him OF his
right Consequently they constitute Part Of his
her death. Bat although may it is insisted
e othr side. that inasmuch the f4nd with Which thy
osnay purchased subject to the remainder q lie
painants C The bill after the determination OF the life
that they lave right elect Uae they will receive the
fond the properly which invested By the defendant
for He This the main and decisive question in the
that the precise question has hen ajud
Gated in LiaSe. But principle stated in Bonner
ner, III 80, would very nearly 70 meet the
Then the fied bill asking security Tor the
safety and ming Of slaves obtained in exchange for the
which interested al the end Of the life
This refused the received BY the for
in exchanges me Court saying, 1--WE Of principe
pEsSsesR Which Ssud sansdsa " aahaFSs IN gwas agvsd