Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-05-28

TsnSt' ltsst AMI her sisters Elizabeth aud patsy a lis
son, Aden after giving his wife What he hal received y era
marriage hs personal estate except tie slaves AID s0s
real estat, which he Ia aemp el TO dispose q ~ de u
children. The balance eie- settling up the estate Is nov
in the -ts Of de.enut, Tayl acting executor ihe
i' ION ION I 49, ma Nv he ren5Tt a. 5-e ne cf
pauant claims much larger amount and as appealed T. This
The aa-stiS,s made aris uron this state of facts:
On Ri October 1874, the teszt.r james Taylor, sr
made a deed OF q his james, Of i've slaves.
? deed Of XIII was made samuel Taylor The same tas
3 o. second Ma.eh 1s3s he made gift, in the form Of
bill OF sale OF suadry slaves & his son William
On the same day made deed for tract Of land 20 his son
three last deeds we're sgued and witnessed bat retsinel in
his pos esso, without delivery, until his DEATH and aer
IN cots f he 5r5eft it was dIel that they were in
valid Yer want Of delivery, and conferred 10 u % On
the parties in that character lump 81. -
Al the March tcrm' lsla Of the County Cour' OF fraia
county, VIM Taylor setting executor Of James Ia lar s
deceased presented fer probate as pa Is Of ne TGi ms t,
ELIZABETH Done Of Daughters Of siI James Taylor De
ceased ApI Of rsIrd eel a07, regularly male
up in the Circuit Court af Franklin on SAID papers
Narc term, , the issue was .ied and the papers
established as parts viii o. said James Taylor, ST. de-
ell From taisjuignen there vas an appeal % M S1e'
Court. -. 49,.
ment Affirmed by agreement tie parties and the JulaL
CT airmancc regularly entered. .....,.. 49,.
by he cpainant citizen u tie State OF Missouri Under re-
cent appointment by County Court Of Frnhn - admins
all lied in 6,ne county. in 1910 leaving duy cAil
Peina, with he has size: ls-rntroi lie emi
one full share estate. only that embraced Ia me WI
OF James TayIor that he attempted 70 disose OF % &c
,fi ts In he form 4 ssi, but up bef1Ee siI
asteamelty lie insists that he is not byu1d ~ ne jua5
ent of the court in v0r 0f plaintiff on the issue ana V
Jict OF he Jury upon said papers.
be cir be no e5nsr5yesy now but that the processing to
provea will Solemn f0r Is, {R rar ana Is Dilg Ggon az
others as well As parties to the issIe Patton IS Alison
Iunnh $50 That beng relieved from the eonsiefA
o Of he pepleNng questions presented IN ue argument a.
to the true u these papers "'c.er t-y are lll
menary or question lot now open ioF inquiry lins
been oGee CLOSED q proper , 4, 800, on -r m
b'und By the uct5u in that cs tciuse the maj Juds
nie4 OF afaace in tie Supreme Csurt vas ~ agreement Of
the parties, and not the dissemination % me Court
we are referred authority rec sn@; tn5 5tnctl'a'
ard we cannot see It's II fryuiule7t
intInated in the l iiaI u'I d q ui-e.sLt a. Du'
there il no ground the Vustion We authorized % be-
sye that the conan dspaug Of being a5e % re'erss the
judgment OF tIe Slft u4' y iI.5 N'L'-l
sane agreed ali finance This is often the case and
S, f,1sibf, ar-uent ulou for reversal MAS
son for the q the Judgments in these eases
and failing to do s., they equally bound BY the decision
It is nol for those VIII stand lu AMI keep clear o. The e
r tl contest 10 co the attic not fought lard
ar ION enois that Jl- surrender pIcialre The a
up guent conformity nth that o. the CiFeu Oelr ai Us
es1eI to be correct Bat WLehsr it not II ended the
eintfovets 81 Of ihi p'Ir IS tcslel al IS
upon az ,s I did no, ab-og,te b.; only suspended the
ind 1oeut Of lie Crcu Court 10 Hump 3s2 dismissal o.
Inc appeal would have ef, the en in fail force ana af
| apc- even by consent could not Do less
There doubt that the old man considered MAJ ne vas ui.-
@ mat the only upon title, Of Withholding e posts
sion unit, death, would he psiPons ter F4ht uh L
te snd keep in his own hand while be hVea as ne
~ FL Il. ;rt I Il IS true he considered ts papers decds
aud not wills, parts bis wills. Yet Tue oFA IS to'hs,
+, sbt he papers are tstamentlr in their nature that is
n Il nnr e thtt vas the intention o. the dcasel that
the instruments should operate TO carry he FLlpIy io
hit after E death Wilkins *. s. fhe case Of Wals
,5mipratr ys WarG Swan $50 cones not coniayeIe s
principle deed Of gift made pees ny aslseJ' ~"
executed and registered TIE slaves and NE estate
s,teI relairler-a present. intcraH 70 TIE coaee II The
deed been delivered 80 TIE Seu nave .eti' an
then would have been analogous 10 lhis i n As ~
statei all these questions cioel ~ te pFoatei s2ln
form and are now seyond reeh The Gaissars decree
| viii l. asraed CARuTGEEs.
VA A correct CO l-ciI COPY, ]. P. Cr,aE CLERK.