Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-05-07


Ths proof The circumssaasss q tbs dsvsry O
@sasy . LSy srsT y hsr atT .zespt the ,estnoay o
c 'ous tken a 5.haIf TIC defsntl nj are e,ots
seeg nAn UPON The sroui Of the iae1npesncy ess
theso Fians Wuad Be ilnepsf fat uu tSs dseiIo5 :.
his Sout t1Ese = elaE ssaE 5sl, without reaei bit
Ecsr otas rsssso q H-nry siE, asCsin, and Ross
htso y tss 9He5 y ~ Is very osyicus, however,
Essns Thero 30 release ru tedefendaH W n E~ars
teal,fributses os the estate q tIe dssessI
issty and OF r children such disr5rs from the
rsI rsirssen:aHve of Geo smith. Il j. uers nscsssa-y
taera.r shoad Be compelled hold that tss oc.es e
net competent and % exc Z e tae.r testimony.
tous sSs wuessas satisfied hst they make out css
IN .aror o. - ccpnsntz a reader that cear whch Ia ts
absence q thar eyiea e, voai te sSraeShat eeu6duh
Both Of these vitas srsts rosndy upon their examination
n eee thaS tae negro ea vas given % tsea y samuel De
oleh shortly @r s nss ard tnat ty Sentr uei ever A.
terWa 10 calm thea tier But boa witnesses,
erosexannalOa, ss facts wbc doesrlts The izcoreetion
q heif previous mere " N spr states distinctly,
that De present vhn the negro Jenny delivered
further aln thzf WHEN he sold Jsuny &c Bsz1 he him
pue about It, he psloseh, vi, signed
se airs spcer esiEss that Shen r father delivered
hsr and make her wait po s Ths t tie O. " rroof Of q
gin IN ths enrs record, is say thatsueh
slave under apg Of ass and anF rt under the No IN
Ssoise dsou Nor IS 5eFe say evidence to shoE acts q
0elosh Ei,I tie e Il te ts= expt safe OF
Jenny a tr youngest chi sarah to which he gave h s1ess
assent doubtless that ne proceeds
vested Ia trtct Of lairs for his dauglsr.
The disers, n the t.stirlouy Of cer sn1 vlfs ana t
positive proof conrSdic,g them In ma
tert points, satisfy that little gsshs
sta'sHeLt Bat upon the point ghehs- tie Jenny
sivel loaned hive hesitation il ssyin that tbs
eis dosd 70 BY them constitute only loIE aud that they
state with eondnuAton Of ire re-
ation of balo aad 0e 70 the de h Of Samuel DeoSch
E1sla Ing the dep ssous OF spc ad vie the evidence
entirely eory that the negro Jenny was received and held
as lean. Atiess witness each SIDE estshhe1 fact
hat the possession Of the neres vas resumsi y samuel De
iiae shortly before his 6sata u5sss for the purpose ofs
ans his sOEnrrip The eEsIes Conclusive tha. ssr The
removal Tennessee, SPirer ard wi repeaey and almost
ihFAt5y when The su ect was sueaed Inta presence ad
nt'ed that they had only life es e u L ip proof By
witness s he read them DeOse viii. insiaalns ts
clause upon which the complainant depend and try did
not deny its validity Il Is, aiso caneius ely shown tag
& fact vas generally kuoEB in " county t they had only
lite interest and that George h, e0nsahs Ia TIE
county, % the facts the tine Of bis purchase In
themselves under the plea q bona de purchaser for
value and Without Bous this ior te appea
the title Daniel ss Samuel Dsoschat bis des
and consequently that iete5 in remainder iaok yd
interest under The clause quoted.
Issargs lbedeisndants, that the viii gives The
remainder negroes Poly Ingram snd Der heirs,
connection with te heirs Of Jesse Deolch No authority i
s1me be ouna The ntent Of the estsfr is too esar al
nit doubt that the remain should 70 equally hersof
bis and daughter named. smii4r clauses have repeatedly
come tefore the and particularly the Of Norh Caro-
lima, always been Construed Busloca suoch
Dev Eg 917; WOod stowe, Ib 300 sezy Wias,On
1t also urged ia Argument that bequess not sso
I've 1asueh did nj Lhat either lessee Deoseh
POLY ingram had children Sf The date OF the VIII that
examination Of the authorities would show, that vhensver the
word heirs CONSTRUED such TO children, would
nai there was cad IN existence az ss date OF the
will to tie description No authority cited
tle su1ses.o' nor 20 We eisAer In pEaa
epieor upon auhory he existence q chesn at the time Of
the execution Of tbs Wl all maral. IL here persons
10 answer the description tie bsque take Ect Re-
even me RUE we're as een1eneea er soud net tsr
therui It might be led that in 0rs the
Of such child, to the sOi heirs meaning heirs
cdn we're in existence when the bequest took easc hey
would hairs and Of Tbs word heirs.
S9l sis eexioe, and ucxt Of kin, heir law
cording % tie nature o. tie property gyen To The same eject
4 Bat Eq 800 Byant Scott. 10. I55 Thss AUTHORITIES
aiso hold har bequess o. aye 10 for lie, With rensuer
u the lawful hers Of B when appe from the will that
@ aTa those who shall Se b ne AZ 5s,5 ~ ~
taer also Joursan Green Eq. go ltap-
pears from the will o Samuel eoar Jesse DeGash
aud Polly Ingram then lvn, FOR specific bues given
conflict among the eases that in bequez cause
ton The b4usI. eGes er elp5 and not per
stripe Bryant Se't lev. Bst Eq., l56; Ward Is.
soSe. nry Eq Ss These e.nes.oas se In consoaa1os
with general rules Of construction, ard wa
There r-Iuzns oHiy ozs poiH; u le dispo=oiof
Il IS insisted there II IN this ese c1u ONLY ext.u4
to the oompaaant, and Include defendants the heirs
oG Jesse Deloeh We do irk I: tied NE Of
the Court Chsncey decree may be male bctEecn CO.
ae=Hant grounded upon the F!esiugs and proof sud
ami the deendaEts tho constant
practice o. the Court 70 raLs such deres multiple
ott Psll, Paige as Gentry Gentry soeed 81
The fact that the defendants in whose hf e decree cuh
have brough bso Court by plhcaton can make no
difference. The mode in which parties roughtinto Cout
regulated BY the Law 81 and within the teitor
al jurisdiction that country, the decree will Be tactua
harver he the e1taerrtoris effect 0f tie decree
parties Who actually, Of The law In Court must
have their rights acted UPON This s particularly the
when, as in The present nsancs the Defendants Jointly
mplanants personal property tbe sutisct
matter Of the litigation The orig nj Defendants properly
objected to he Wans q proper parties ecu the hs Of Jesse
Deoach before tr Court nd they
ts the rghof these parties, brought II at their
Ii suggested thar the heirsof Jesse Deicr1ay have rsusup.
s their right under thsr grand fathers will these negroes,
may them. the renu1caton
ered to hal been the possession of tha
liberty show IL ard would have bad si the
as upou personal service II uur tho children Of
De0ach. II the said children decline ocoe forward and
axe benefit uner This decree II m Unques nably
% he heneh of the defendts The eompIanants onIy
capita The negroes IL any child declines fails
AXE his SHARE viii remain With the defendants poses
i appears fr the amended hl Of the cOmpsnants
ils to bring tie heirs ofJs ole before the Court, a all Of
hsse heirs probably named Usr ss construction put
the viii the Chlnc ors ecree and this opinion Il
lot possible TO ascertain the precise interest o. the eomPainsn5
Without hT sscrring the Of the heirs OF jesse De
aeh EMIT ed to take death af the snants for lite In this
7irE. IL will u modify the decree of Tie Chancellor,
ind remand the Tor further pr1cseiugs
TIE crsu Jesse D=I1tch ard Polly ingram living At the
ath Of the last 81 yyng o. the tenants, Tor e viii take the
sTe- In dispute per cap They will he entitled division
y, the slaves, II IL be made cm. II not The partes
entitled should the children Of
DeIoach fail crue orEard claim
legoe, should diVsi Of Tbs be prsecshIe,
huk il won be proper and inst - asen b, reference 10 the
or ,mpns In the negroes held By
ach or the eenRnts and % allow such defendant 20 The
into court ure the same Be paid IN such time as
'ood tile TIE III far The dsfsndants In
eoa x the for hire since the complain
nt rights accrued the principles here laid down, all
al0saece for ae isal is. eipg them. TIE
ntrs Of tn Will be pai cut of the hire sfarSad the
his court, for which g viii he al oscd cteit In taxing the
unt 0rlered With these moi tc1n7 ths decree Of The
JhsncheIior is aErmsi w.. CooPAa, Special Judge,
A corrsct copy. !. P. CLARK, Clark.
I