Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-06-20
Decision Of the Supreme Ccurt

JuDGEs-SAM MuLIGAN, JAMES G. SHAcKE1yopr
AND ALVIN HAWKINS.
THOMAS q. caldwell, Attorney General and Re-
porter.
DANIEL IRWIN ct aL r.. IsAACCHRIsMAyetdr NV
lei SMITH ct al, rs DANIEL IRWIN e, al
This bill and cross bill filed in the Chancerv Copr,
Dsns appears from the facts stated in the original b
delivered deed Of gift to theeomPlainant follows "FoT
hereby give transfer andOnvey during her life for her
benefit certain negro woman named Lucy about tentT
ry any Henry and the increase, any more and a, tb
the children she now has may hereafter have onIv
tend the use OF said slaves for said Sarah during her
children, etc, etc. The deed was PROPERLY r her
does not appear rom the proof whether Irwin the husband
was living at the execution Of the deed died aopt the
time of its execution An administrator was NE
estate Inc AVE- h IN the possession widow
Chrsman, by whom she had children NJ 80 .H
parties became dissatisfied with the slaves sold ts inc
original donor Smith taking in exchange tracts land
money amounting to about $780, Smith had entry for
the zoo Acres and cause grant 70 issue from the State
body said The parties becoming dissatisfied the
Frank Berry and Polk which defendant Daniel smith hal
sold beyond the limits of the State
The negro woman Lucy and the increase were levied
upon by the creditors Isaac Chrsman and this bill
by the compliments children enjoin the
ceased settle the her. debit
and contracts Of her husband Smith and admitted
he had sold the three slaves and unable them
he had in the conveyance of the land given valuable
acres was given to the husband Isaac Chrman and that he
assigned the samethat the object and purpose
rendered in the court below, directing sale fo
estate in part of the slaves securing the remainder
the children of Sarah and directing smith return the
slaves Frank Berry and Polk before the
the court he be charged with the highest market
On the hearing the rise of the court smith fled
his BILL asking for rehearng that the complainant be
compelled value of the lands The
chancellor refused the rehearng granted privilege Of
filing the BILL From the decree Chancellor and
refusal to grant rehearng Smith has appealed to this
Other DEGREES rendered in the allowing claims
of the creditors of Chrisman and directing sale life
estate OF complainant Sarah IN the negro woman Lucy and
her children, which was DONE and the debts collected The
record has been MED TOR error BY the Sarah
the 18th of August lS4 to her and her children
arate estate in her for life and remainder to her children be-
fore her ntermarrge with Chrisman marital rights did
not attach consequently the Lucy her
creditors Of the husband This question has been frequently
before this court, and the principles well
turbed unless the intention clearly appears iusru
by which the party holds the right the property
object the maker to exclude the marital
rights of the husband they would The language
the deed is for her and benefit give and transfer,
and II intend said slaves for the of said Sarah Upon
examination of the that have been before this
in which the marital rights of the husband excluded
in the deed. In the of Hamilton Bishop Fly, 81
Yerger the language of the deed the use and benefit
said Elizabeth and children and to remain in the pos
session of said Elizabeth for the support chill
the expression before usedI give to the said Elizabeth
to the heirs Of her bOdysOas to point particular
equivalent separate use In the case
of Beufort Adams Collier, Hump. iSS question
before this court and the considered
The court in that it clearly appeared the
intention of the rights of the
husband the will carry intention into eject The
hrt bequest in the will under consideration
testator gave the negroes absolutely to the egaee In the
seventh clause he added fearing his might marry
some man who would her property he the
her heirs benefit In that the given
tator for changing the form of the bque enced the nen
ton to exclude the martial rights of the husband
in Hump, page 1885, of Marbury Nicely al the
perty for the and benefit of the said Thomas Elizabeth
Nicely during their joint lives and to suffer them and
lie oft the COurt in
If the instrument had not mentioned the all
would Injured principles to the benefit Of
the husband and been liable to the satisfaction
In two Storys Equity $780, it is stated settled Prin
and benefit there nothing being
under consideration the opinion nothing
in the deed which shows intention the part
70 give he donee an estate excluding the marital rights Of the
husband, and of opinion the rights
tached and the property liable to seizure and sale by his
creditors.
1t is insisted if the rights the husband attached to the
property vested in the husband Irwin and passed
to his administrator does clearly appear at what time
Twin dled Ills administrator left the country and made
his answer arms the deed made after Irwin
the possession of the than three wears claim
ing the property in her right the administrator setting
up no title and passing into the hands of the husband after
marriage vested in him the title for life Smith,
he OF the slaves Frank Berry and Polk had notice
tt 'e cndTen OF complainant had remainder interest in
these slaves and he in removing them
ants was appropriation of the property of the complain
ants in remainder and for the remainder interest
L he must be charged. Story on bailments,
1t appears from the peadngs and Daniel Smith
ne conveyed 10 complaints IN part consideration
land OF ZO acres the remainder which in them
In part payment of the purchase for the negroes Frank Berry
and Polk those he had purchased of Chrisman and wife
The title of the remainder interest in the two hundred acre
being IN hen 1t would be ineqUitable prevent to
recover the vaueof the remainder in the three slaves
Frank Berry and Polk and ting value the
remainder interest in the land.
The cause Will be remanded Chancery Court where
the account will beaken The defendant Smith will be rbared
with the value of the the date of the
SALE and credited with the value Of remainder interest
the land at the date of deed The court in all
, other matters will be affirmed
SHACKLEFORD, Judge