The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-29
DAILY CLARION.
reported rIpre.,Iy Tor do cIarIoa
R.H. nLaloae. go q Jasaea llaoL!ie.
AryrJEr EILrrr pEnvrrfD mn orr19s

J next friend, Gled their petition ~ tho
PROBATE Count Of Marshall county al
Narch term, lsGG. against r. H. Ma.
lone, executor OF James Moorur, dc
ceased, who was-bhe father Of Che pc
titioners, 10 which they allcge that the
said James ATooring died On the ifst
day ~ May, 1867. leaving a last will
and testament, which was admitted 10
probate at MAY torn, 1851 and OF
which the appellant Is The surviving
and acting executor That by one
clause Of said will the testaior be
qucathed to thepcUtioncg, John Moor
ing, when he reached the age Of
nineteen years, slaves to tho amount
- orS3Y35O, aud 60 the petitioner, VII
lie. bis daughter, and 10 bis other four
daughters $4,000, 10 be paid them in
slaves ut valuation fixed by said
WIN, aud 1850 in money That Lucy,
one Of the said four daughters, has
died interstate and unmarried, without
having received her said legacy, but
that all the other lenatees received
their legacics IN negroes, "a early as
1865, and either aald or enjoyed
them That petitioner John Mooring,
arrived at the age Of ninctccn on the
LIST Of February, 1866 That the slaves
are now free, but there ure sufficient
assets TO pay said legaclos IN money
aud lhst they are entitled to have tho
Raail out OF the general assets Of
~ they cauaat - -be paid
Fo1c--oi tbe slaves. The petitioner
prays that the construction Of the
Nlll may be settled and that the oX
ecutor be decreod to pay the said leg
acies in money
The answer Of The appellant nd
mlts the facts as stated Ia the petition,
!. and submits the construction of the
SvTfhto the court
The clauses of the win bearing upon
the matter In question are as follows,
to.wit:
Item ! give my son John Moor
iug, four hundred acres of land IN Tex
as, Bexar county, it bong the same
land bought of Doctor John jameson
10y me, for which the said John Moor |
ing Is to pay $500. | also give him |
negroes 90 the amount Of $3.50, ne |
gro men at $500, and women at 5000, |
and smaller Hogres@ IA The saa,e pro
portion.
4" Item 3. ! eivcmy daughters, Nil
dfed, Susan Bebcccn, Willie aud Lu
cy, thirty three hundred and fifty dol
lars each, 10 be paid them at the ace Of
twenty or of marriage, three thousand
dollars in negroes. to be valued the
same ms those given to my son John
in Item I, and three hundred and fifty
dollars in money Iii my wish and |
desire that the negroes given To my
daughters be as much in families and |
as many of them females as oircum
stances will admit Of The negroes
given TO my above named daughters are
given 20 them during their lifetime,
and at their death TO their children, if
any
:" Item G. II is my VIII and desire
that my estate Ice kept together farm
worked as mt present. that my children.
Susan Rohecca, Willie, John and La
cy. be raised and educated as nearly
like my older children as crcum
stances win admit of, aud the expenses
W fN paul NAfA w NV hNANNft
Item z. When my son John mr.
rives at the age of nineteen years. his
legacy 70 be given TO him Il my eNecu.
tors think best or safe to do so.
The remaining clauses of the will
dispose Of the residue of his estate.
after all the legacies above provided
for have been paid ont" equally
among all his children, (of whom he
had others living besides those before
named, } and the children Of his dc. Z
ceased children, hut no division 10 he ]
made until his son John should arrive
at the age of nineteen; and provision
IS made for the management of the
property and the care and custody OF
the younger children.
The Probate Court dccrced that the s
executor should pay the lcgacies out s
OF any monies IN his hands as oxecu- !
tor. upon petitioners giving refund q
ing bonds and the executor appeals {
from this decree. D.
It is 10 he observed that the legacy L
70 the petitioner john MoorNg, is 90 "
be given him nc the age OF nineteen, p
only at the discretion OF the executor, h
IL he should think best or safe 10 do 2
so and ID IS not shown that the pc. i
titioner, Willie. has reached the age g
Of twenty. or has been married No q
objection, however. is raised on those q
grounds. The object Of the parties S.
seems 30 lie 90 obtain a judicial con.
struction 90 the will. and as the con q
clusion % which We have come on q
that question does not require chat q
We should notice these formal points. b
we viii consider thc case ON the p
merits n
The appellant IS not represented in q
his court hy counsel. aud we are len W
without the benefit OF the views De y
maintains in opposition 90 the claims 10,
# the appellee and &c does not ap- tlI
,ear that the other residuary legatces. Va
vho are to be preiudicbd hy a decree 50
n favor Of the appellee, have any no IA
ice or knowledge OF the pendency Of &c
IBIS proceeding On
Go behalf Of the appelleos tits con hi