Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-06-11
A eorreet eopY, -. CLARK, Cl
BspI. ) y,5eo. A5,,ini.tr,tor. y, AnD vsi.n.


The original bill ied by BenJ Yaden administrator
Of his father Lodriek Yaen obtain the possession of about
sixteen slaves, part Of the estate from Ann Faden, the
widow, up claim them her life, and the
der in her sister, Elizabeth MeCrory and Polly Johns the sister
50 denies that property Of her late hus
band part u the which planant is
this remainder right The Chancellor ustaned the
administrators and dismissed the srOss bin.
The facts fOllows
Johns the husband OF Aaa, died without children
in 1909 Ills widow. the said seOk possession os and claim
his personal estate Or procseis e amount eight
hundei dosrs uEer urleupave viii in her favor Tor
DER In she married Jouadan Key, Of Moth Carolr
They rstarned in 49, and settled in smith eou1ty brun
with them Tie negro girl Ess iep ysry yesng q vh2E At
North Carolina for about s25 with a p Of the aon srivi
from the said Johns eslat and title hy hl Il sale in the rs
fom made % The said Ann in his Own name, bnt without rtre
Jonathan Key made as VIII in s and the sln,-
probase at Fetruar Term, 1873 Smith Comfy
He bad nuaber q children former wife, but tie
last In ang 500 i9s her, song other things he says
boy, big Hardy and girl k add d aereass, At her disre
Lorick yaden being wiower with several children
ried the said Ann in i9or 30 and died interstate in March, 6
widow refusing these upon u the
administrator this bill was filed in April, 1856
Il viii be from this statement that the question IS whether
the title Of the said Ann suei to vest in Yaaen the
The cross bill cuy Gains one undivided haIf Of said slaves
1t admits, that the other half Sold hey, in BIS life tine
BY Henry Beasy who msrred Polly johns, andh he is long
dad Mccrory i the second husband Of Elizabeth Nest and
her behalf claims the other m0ey OF the remainder IN sl
slaves under the will Of Johns Bat the mOety Of Poly
the widow LIE estate which, Il IS insisted never heeme The
property Of Key as he only purchased the remainder Of Polly
Beaey, which did rct q edet the life estate.
The proof Is very vonnnous and mostly Of fcs and con
versations IN relation 70 the manner in Eheh these slaves Eec
held by the said AnE and her last husbands. Te %
course conflicting nradcsry. might eNPecie
transactions ancient and which presented in
ant Of etarsing te declarations Of e
@ parties to bring Us to any conclusion to their respective
The origin remainder right, a must
found in the nuteuaon will Of Isae Johns This attae
~ havfns baarr Tsxfa
reqIred by the aes Of ls oh q see 10 and l6 This is er
parture from the the Il does conform
to il in any essential Partisular Eu was ased y i
II opposed time since
tested Whether it lie dregani as i has Been passed.
upon and set up b Court CT general jurisdiction Of t1o
somPsrnt tory rot subject 70 examination At any ime
but By the statutory mode Of cIn io reproate IN solemn
form and trial upon issue of drsls cSd ~ need nos
nov be decde the case may lie dspaed Of upon other
grounds In the yieE We take % NE % the aii1inraior
Lrek vaden who claims he title 70 & slaves has no interest
ts eompainants in the bl, both ef whom recognize and
rely upon the will as valid
According w then, Isaac Johns gives his whole estate.
der 20 his and lsr youngest sister equally.
ent husband to secure their iaterest half
Of this property II has been before stated that Est The
Of the money derived from johns estate under this will and the
absolute title by m Of sale taka % herself while she was ne
he bequeahed them his wife Ann as his without
restrictions limitations Key ded in , and he 81 YES re-
IssO or 30 and they went with possession,
ere Is 1c orooF as her dlaatioas and of his in loose
Conversations in relation TO the ttle and this supposed remain
der interest Was frequently eferre TO- and By hers
and perhaps BY both Bat the sl continued in The
session and control Of Vaden and were managed and used as his
The neshhors regarded ts OWnerp and character Of
holding in different lights! according 70 the different
acts and words Of the parties this as appears IN the
cord yague uncertain, and ccnadcory to predicate
ghof property upon it. and leaves e ease the operation n
ne rule that IN III s presumed with the possession and
the marital rhs attach, unless the contrary made sppear
We oonsder it clearly established that the title to tie girl Es
hsr time of the purchase passed into Key husband
her marriage with Valsn in s into him by
alrs Consequently they would constitute Of bis
other side that nasnuch the sad with which they
orgnay purchased subject the remainder Of the
planants Ia biI after the determination
tate they have right elect wehcr thsy will she
fun or the property which it was invested By the defendant
for He This is the main and decisive question in the
We not that the precise question ss hen ajjudi
ner Iunn s would sseu very nearly 10 meet the case
Then tho remainder led bill asking security the
safety and forthcoming o. slaves obtained in eNehlnge for the
which they interested the end OF the life
This was refused as to the slaves received By the tenant for life
In exchange te Court syin I'VE are aware Of no principle or
preceent vhic wculd sanction authorize it." u argued
by counsel, in that herr, upon authority
for life trustee oF the remainder consequent
the latter entitled to original fan the prop
erE or ash Seh II ashI le inVese or ior sheh was ex
changed at bis election, TIE general principle that sub
ent considered BY the Court In The Of King
Smith, Hump, 81 TIE for life is held to be QsdSi
pleasure so that he does not thereby uure The nhersnes n
mander lie not remove 10 Out Of he state
danger the safey Of the property destroy IT, lie
and make all the profit be With due regard 10 its safety
and protection To tas extent he be called trSs bat be
is no. 50 in the Of pure uft, as personal represents
/ tive, guardian, &c
In North Carolina, precise question been mere than
before the Court sud explicitly decided The o.
WNitsss. White Iress Eq 4l, Is exaeiy in point Ta;
thus stated in tie abstract "A devised 70 his vile
he also appointed hisexecuiT, lOO0duns her m
death to his children The wife
this money, and thsy greatly increased IL yaue. KID thai
hechiiden had no rh Or interest whatever in es negroes
bat that they belonged Absolutely 70 the wife The
had only right to the 81 900 the death of the vie Upo1
bill stating that this only could Be raised the negroes
the Court would during the life Of the wi, decree that y
should be held as security for the capital sum- Ths dioct1n
there drawn clearly between the execution
and other trustees, who cannot the trust
fund 70 make prOht 70 themselves and that OF tenant
for Ifs. The certainly different Ia prinepe N
the former he fund held entirely and solely for te -
raj que ns and consequently, gain PROFIT macs upon
IT, BY its use, or exchange, should enurs to e benen I
owners So their right to elect, whether they Hh Ae @
with iasest, the property In vheh their noney nay
been invested, the gain upon Its . secures y s ~
equahas, ESTABLISHED rule Bat ne ease = en
u dssIspt wiska eantfcF liis' he a1 nnia interest," q