Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-28
oFFTcIAE.
Opinions of the Supreme Conrt of the state
of Tennessee, delivered at Nashville, al
Beeembcr Term, 1888.


December Term, 1888.
William Saunders and Others vs. B. W. Harrisan others
The controversy in this case is in relation 10
crrsain negro slave named LYDIA and her descend
ants. The complainan;s Claim that she was the pro
perry Of their father, James Saunders, deed IN.
passed. with her increase under the provisions o
his will The dCssadlns insists that She was bel,
IN trust for the sole ard separate use Of Lev;r.
SaundeTs, the wife of James Saunders and tha
sac and her increase wers rghtfuIly disposed of by
the said LsviTa subsequently her husbands death
Ihe record Is yolumiaous ard the facts CompIica.
ted, hut We are able to gather tie following detail
CT events In the order OF time in which they occur
red.
On the 23d Of March, 1918. James Saunders in
termarried with the said Levira, then Layra Broxn
Under the will Of her deceased father upon a divis-
ion Ct his estate, the sai1 Levisa hal received The
negro woman Lydia, and two ehildren Charles and
Lucinda. james Saunders was WidoEer from the
State ofGeorgia, with family Of children by his
first wife, and az it turned out, without property
and wrecked in fortune. Oa the Sb day Of March
1913, the said Levisa. then in contemplation Of mar
4 riage, executed 10 her brother John H. Blown a
bill of sale f3r the said negroes purp0rsing to be in
considerat on Of seven hundred Gollars, but ia re-
atty without any consideration actually passing
The bill of sale was IN the ordinary form aud was
| attes.ed by Mary II. Brown. the mother, and Cath
crime Campbell, the sister Of the said LeVisa The
circumstances under which it wes made Will be D. e.
sently stated at large. This bill Of sale vas
subsequently,, Ct ths request of the said Bsvisa, and
at the August term, 1916, OF the Couuiy Court Of
! SumEer COUNTY, proved by ;he subscribing Wit
nesses, AID registered IN The Registers Office Of
! The same county on the 18th Of November, 1915
The record contains also, anOtber instrument pur-
/ porting 10 be a deed from Leyisa Brown 10 her
mother, Mary II. Brown. for tract Of land in SUN
ner county, containing GAO acres. This deed bears
date the 10Th Of November 1911, purporting to be
il consideration Of dollar, and is attested by
David Campbell and John II. Brown attesting wit
nssses. LIS execution seems to have been duly prov
ed ~ these atesting wiuesser, before the Circuit
Court % Sumner county, on the 18th Of March 1873
and was registered in said county the LIST Of june
1918. There is proof in the record in regard to
the object Of this deed, the circumstances attendp
ing It's execution.
james Saunders and wife resided for few months
after the marriage at the house of Mary II. Brown,
the mother Of the said Levisa, and then removed
and ssttlea upon part Of the land devised to the
said Mary II. by her deceased husband where they
continued 10 reside until the death Of James Saun,
ders early ia the year 1927. Ia the meantime the
negro Lydia and her children continued in the posN
session of James Saunders and wife, the said Saun
ders exercisp usual of ownership over them
Shortly after Saunders and wife commenced house
keeping Mary H. Brown furnished them with negro
girl named Molly, and this girl also remained with 4
them unlil the husbands death. Mrs. Brown coca
sorally, and for short lime, resuming the posses
sion In the year 1927, Mrs. Brown also departed /
This life having first made her viii beQusathine 4
the negro Molly to her daughter Levisa for life, /
and after her death 10 her children. John H. Brown
died on The 25,h OF September, 1922.
James Saunders seems to have been an industri- !
GUS man, who made support for his family, 81
though addicted 10 the Incorporate use Of ardent 1
spirits. There seems to have been rumors CT debt 1
existing against him in the State Of Georgia, upon
old transactions, and enquiries seem also at
time to have been made With a view to ascertain
the prospects Of collecting some OF the deb's- He
appears TO have freely admitted the fact that he had
been broken up by unfortunate speculations and en-
dorsemeuts in that State, and sometimes press
ed BY pecunary liabilities Of more recent creation.
Towards the end Of his life he accumulated some
property around him. chiefly in the form Of cattle |
and fine stock BY his last WILL duly proved at the
February session, 1927, Of the County Court Of /
Sumner county, he gives his li.tls gods aud props
ertT his WIFE, Lcvisa to be kept together TO raise
his children and for her ease ard comfort, with
power as each child married, to loan such child
''wbat seems reasonable to spare Of said property"
and at her death all TIE property loaned or remain
inr g., he coEsllT divided between lis two daugh |
iers and f5ar sons, viz Mary Henily, Tabiiha
Noore VIM. Browa James Yancy, John Henry and
Samuel Adams Saunders 10 executor having
been named il the will Leyisa Saunders was, at the
same term Of the County Court, appointed admins
ratrix with the will annexed, aad gave bond in
he Teaalfv Of niae hundred dollars, snd returned
yrues are mentioned, At the expiration Of the two
years allowed by law for settling the estate, COM
nissioners were appointed 10 settle with her, aud
hey make settlement with her accordingly, eAarg-
ug her vi n $3.50 68 Of assets, and erediting her
With 1924, IS of disbursement, and leaving in her
hands SI4 IS in l2ouey, and $500 in notes (which
,annot be collected"
After the death of James Saunders, his daughter
Mary Hendly intermarried with John W. Perdue,
nj then died, leaving her husband and James Y.
L..
lollh, and about the year 1856, Jane Y. Saunders,
me Of her brothers. departed this life in;estate and
without ever having married. On the Goth Of Feb
ulry, 1888 Tabiihs Moore, the other daughter Of
lanes Saunders, inlermarried with Baker W. Har-
is and departed this life in 1874 leaving her hus
,and and three chill II n her surviving. Baker W.
Harris was qualified administrator Of his deceased 4
wife, and also, as administrator of his deceased
lister in law, Mrs PeriUe. VIM. B Saunders was /
lualiisd as administrator of James Y. Saunders. !
After her husbands death, Leyisa Saunders con-
fnued in the possession of Lydia snd her increase,
nd of Molly aud her increase Shortly after The !
utermarrisge Of Baker w. Harris with herdaughter,
hegqve Harris and wife . negro woman child oily
la named Sarah Ann, and her TWO children Henry {
I'D Lydia. Harris and wife settled in Wilson ooun- :
y and the said Le7isa being anxious TO follow them,
Ter surviving sons VIM. B., Jno. II and Samuel 4. r
saunders and the said Harris and wife relirquish
d 10 her ell their interest in the tract Of land in
sumner county. on which she was then living aud s
which she lad only life estate under the will Of
sr mother With remainder to herehiliren In order
effect sale Of this land. her son, VIM. B. Saun-
srs aud the said Harris Joined her in Warranting
he title she undertaking 10 indemnify them from {
liability by reason Of the interest of James y. Per-
ue, the infant son of the deceased daughter, by
royison to that effect in her WILL which was done
ccordingly The laud vas sold, and the said Levi =
a bought part of Harris landSin Wilson county, {
nd paid him partly in 3 negro named Jack and
egro woman named Caroline and her child Lydia,
II of whom are descendants of old Lydia. The bill ,
f sale to these eayes was made the 20 of May,
S43 The tract Of land thus bought was, after
lrs Saunders death, sold part Of her estate,
nd the proceeds we're divided among her legetees
nder the provisions Of her will. Ia the year 1913,
Irs Saunders cold to one Carter for $500 a negro |
,oy named Alsck son Of old Lydia the bin Of sale
,einr witnessed By VIM. 3. Saunders one Of her | ,
ous, and tn sale having been made with the kuoWl-
dye and appreciation Of the other sons two Of the
on5 expressly telingthe purchaser that their moth,
r had the absolute title TO Lydia aud her descen-
ants and stating at the same time, that she had
nIy life estate IN Molly and her increase Upon
his subject the proof is entirely conclusive that
Yrs Saunders aad her considered Lydia and ,
Ter increase as the exclusive properly of Mrs Saun-
lers and Molly and her increase only belonging
0 Mrs Slurder7 for life, under her mothers will
After all these gifts and sales Mrs Saunders still
.ad at her death old Lydia and Nelson, Laeindl
nd Mary Cray, Der children, and six or seven Of
Iydia's grand children.
Mrs Saunders died on the 5'h day Of Sept, 1851,
aviug made viii directng that her two servants,