Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-11-24
DECISIONS OF THE SUPREME COURT
OFFICIAL.

OFFICIAL.
Opinions of the supreme COnrt of the state
OF Tennessee, at Jackson, April Term,
1860.
Henry E. DeGrssprsd Ex VS. Solomon Greene and Wife, and
Boswell g. DeGrafenred, of Fayette county, who
was possessed OF large real and personal estate,
made his will on the ID of April, 1916, to which he
added a codicIl on the l4th of September, 1856 and
soon afterwards died.
By this will after making provision for certain of
his children he vested the residue OF his slaves and
Of his home place in Henry Z. De Gratfenrled, E. L.
Z, ans Blount Springfield, Levin II. Coe, and Peter
Bland. IN trust tor the support and maintenance OF
his two daughters. Sarah B. and Agnes, and his
grandson Josiah Evans the annual profits to be ap
piled to that purpose Onethird to each; the slaves
to be kept together and worked together by the rus
tees upon SAID land. Upon the marriage or coming
of age of either of said daughters, the trustees
were to lay off. seyeralty, her share Of the land
and negroes and were to hold the same for the sups
port from year to year. Of such daughter andher cI
dren free from the debts contracts, or control OF
her husband. And in the event the land could not
he advantageo subdlyided, the trustees were
allow ed in their discretion to sell and lay out the
proceeds in other lands, to be held under the like
trust the net proceeds to be applied from year to
wear 10 the support of sad daughters and their chill
dren, free from the contracts debts or disposal OF
the husband. Upon the decease Of either OF the
three GlVlSeeS anu legaIeeS WITHOUT Is suSiN l az Is
or her DEATH his or her share go to the surviving
children and grand children OF the testator. In
subsequent part Of the will appeared this clause
Furthermore, expect the trustees of each OF my
daughters, upon marriage OF such daughter, 10 al
Glow her to have in her actual possession the slaves
aand land willed to their use, so long they see
"the property prudenhy managed, and proceeds
thereof applied regularly toiher and her chldrens
support"
BY a proceeding in the county court of Fayette
7CE al, uNxrT al q ftHI
amongst the legatees, and some fifteen or twenty
were allotted to Sarah b. who had in the lifetime OF
her father intermarried with Solomon Green. But
no partition of the land has yet been made, and 1t
remains in common The slaves acquired by Sarah
B. Green under the division, went into her posses
sion upon farm in Haywood county, which her
father by deed of gift, had conveyed TO certain 9th
er trustees for her separate use.
The original bill in this cause was MED mainly
with view to set up and enforce an imperfect COM
promise made amongst the children OF the testator
after his DEATH and to get the instruction OF the
court as to the proper mode of settling the estate
and of accounting for the trust which had aceumu-
lated Pending the proceedings the defendant Green
and wife with their children, removed to Memphis,
CARRYING said slaves with them. BY a supplement
tai bill the complainant charged that the health of
the negroes would be endangered, ard their value
deprecated at Memphis, and the interests of the
children of Mrs. Green and of the remandermen
were jeoparded in consequence of the removal of
ONION Green was insolvcnt and of wasteful habits.
and was using the proceeds of the labor or hire of
the slaves in payment of his individual debts. The
negroes were attached the filing of that bill, and
were delivered to the complainant .
The compromise sought TO be set up was not bind
ing upon Sarah 3. Green, and is abandoned by the
complainant. Indeed, it wholly inconsistent
with his duty as trustee for the wife and children
to seek an appropriation of the trust estate to him
self. He is also liable, perhaps, to the lmputauOn
I,nN L. Ii
in the progress of these proceedings But the de-
cison of this case must turn upon other ques-
tiOns.
1t is however deemed necessary to discuss only
two, viz:
First: what are the duties of the trustee, under
the will in reference to the slaves
Secondly: do the facts make out case for the
nterpositiOn of a court of chancery.
The controlling and prominent, and oft-repeated
intention of the testatOr seems to have been TO pro
tect the estate of his daughters from the debts or
control of their husbands; TO ensure the application
of the proceeds to the support of them and their
children from year year. and to keep them slaves
as far as it was practicable, upon his home place
under the immediate control of the trustees. And
although he directs them in certain contingencies
TO permit his daughter upon marriage to take the
negroes into possession, he manltesty does not CON
template their removal from the neighborhood, for
the trustees condition of giving their consent
are to see that the property is prudently managed
of the women and their children.
This being the intention of the will it only re-
mains TO lnOuire whether the removal OF the slaves
10 Memphis and the misappropriation of their heirs
nv the husband furnished sufficient occasion Tor
the intervention of the court and we think they do
Taking all the evidence together, we are satisfied
that the health of the slaves IS endangered their
morals exposed TO debauchery, their opportunities
for escape to free StVtes made more easy ana the
probability of a misapplicaton OF the proceeds OF
their labor increased by their removal 10 Mehlphis
And although for the time being the increase from
their Iobor or hires is greater, the future and per-
manent value of the children IS impaired. more
over at Memphis the trustee connot see to the re-
gular application of their proceeds to the oUJec'
contemplated in the will; and consequently the nus
band is proved to have already appIeu pOi'iOii
to his own private debts.
We think therefore that for the present at least
the trustee should have control of the slaves, ana
keep them employed upon the farm. He VIII De re-
qured TO make forthwith report to the ehancery
court of all his proceedings touching the trust es-
tate and settle his accounts thus far and to make
report from time to time of his trusteeship and shall
be subject TO the orders of said court. Proper de-
crees may then be made from time to time for the
preservation Of the slaves from exposure in the
hands of the trustee, and for changing their loca-
ton upon a case being made out Mrs Green shall
be allowed a liberal support for herself and family
And the surplus funds now on hand, or hereafter
to accrue. may, after such liberal support be in
vested by the chancellor in other property for the
benefit Of the trust estate The decree of the chan
ceor is reversed. and the cause remanded for furt-
er orders upon the application of either party
Nothing in the decree here is to bar the right of the
defendants to apply for removal of the trustee if
they can make ont case.
The costs of the fling of the Injunction bill will
he Maid by complainant individually: the residue of
the costs to be paid out of the trust fund.
WM. ii. STEPHENS, Special Judge.
Test: n. D. WELCR, Clerk.