Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-31
4 nien aud 9tspAtth.
Largest Circulation N city and State.
DECISIONS OF THE SUPREME
COTRT.

]
COURT.
Nashville, December Term, 1896.
Reported COT the Union and Dispatch b.
Lindsey and Reid.
Williams and WE, and Lamb end We as.
John J. Sneed e. AZ.
The material facts as presented by this
record. are substantially as follows.
Abraham Overall died in lS43. after
having made and Published hiss last WiH
and testament, which was aferwards ad-
mittsd to probate IS 10 personality, but not
az 10 real estate. The viii eontains the
following clause, 10 wit Il give and be
queath 70 the separate use OF my daughter.
Nancy O. Sneed, one seventh part Of all
my real and personal property, not other
wi4e bequeathed by this instrument, which
shall NOT in any event be subject TO lhe
debts or control of her husband. but 10 be
hers absolutely during her natural life, and
a her death to be eqhally divided among
her children" John j. Sneed, ST., and
one H. A. OTersll. were appointed and
qualified administrators with the viii an
neKed, Of the estate Of said testater, and
afterwards filed their petition in the Circuit
Court Of DeKalb county, praying for sale
oitte slaves belonging 20 said estate. A sale
was directed, and accordingly on the Sth Of
| January, 1916, said slaves were sold by the
clerk Of said court. Al the sale. John J.
! Sneed, ST., one oithe administration, aud who
was alsO the husband ef Nancy G. Sneed,
/ became the purchaser Of three ofthe slaves,
20 wii-CasWell, Nelson and Sylvia, at
] the aggregate price OF $780, 30, FOE the
/ PAYMENT Of which he executed and de-
/ lvered b the clerk his notes with security
! due al twelve months Defendant John ].
Sneed ST., took said slaves into his possession
al the time of his purchase, and has held
them until since the filing the bill in this
cause. Nancy C. Sneed died in November
! lS4S, leaving her said husband and the
! following children surviving her, 10 wit:
/ Cynihiana, who has iutermarried with
| John W. Bolts, Eliza Ann, who has inter
married with Vim. Patty, Harriet, who has
intermaTried with Iandal Wood, Caroline
/ Thomas j. LOuisa, who has intermarried
with A. N. Williams, and w. +. who has
| intermarried with Eancy Lamb, Martha,
! who intermarried with one Briggs and
/ died, leaving one child, TO Wit--Nancy
Briggs and A. w. ii. Sneed, who has died,
leaving issue, to wit-Horace j. and Caro-,
line L. Sneed
This bill was fled in 1859 by Williams
and wife, Lamb and wife, and Bolts and
wife, against the husband and other chill
dren and grand children Of Nancy c.
Sneed, deceased, and alleges, in substance,
that said purchase by defendant John J
| Sneed, Sr., was made for the benefit Of his
wife Nancy c.. and was paid for ont Of the
money belonging to her for fe,and then to
| her children, under the will of her father,
| Abraham Overall, deceased, and that the
money 10 which she was entitled under
that clause Of the will amounted
20 Sl437 81 that said slaves had
been purchased with money belong
ing 10 the said Nancy {. dusing
death, compliments are entitled to them
her life, and 10 her children after her
and their increase, and TO any account for
! hire since the death Of said Nancy c., and
also tOany account for the balance Of the
money 10 which the said Nancy G. was en-
titled, under said will, for life, in excess of
the prices Of the slaves; and the prayer of
the bill is, that said slaves and their in
crease be decreed 10 the children of the
said Nancy c. Sneed deceased, according
to the provisions OF said will, that an ac-
count for hire be taken, etc, and for such
other further and different relief a. the
facts set forth in the bill may justify.
Bolts and wife, having refused further TO
prosecute the suit, they we're made defend
ants by order Of the Court, and required to
answer, which they neglected to DO.
Williams and wife, by leave Of the court,
filed an amended bill, making Overall, the
co-administrator with Sneed, party de-
PENDANT
John J. Sneed, in his answer, denies
that the children Of Nancy G. Sneed have
{ acquired under the will any right TO the
bequest, and insists that by virtue Of his
marital rights he became entitled to the
property and il ia now insisted in argu.
ment that under the operations Of the rule
in Shelley's case, the remainder to the
children Of Mrs. Sneed, efter her death
was imperative and void, and that Mrs
Sneed took the absolute estate, and that the
marital rights Of the husband having at
tached, he is entitled 10 the bequest to The
exclusion Of his wife's children.
II these propositions can be maintained
the rights Of the parties are settled, anC
without any further investigation com
| plainanfs bill must be dismissed. Tn,
rule before referred to- and which has beer
SO often stated, is this "When any person
takes an estate offreehold legally or equi
tably under q deed, villa or other writing
and N the same instrument there Is a lin
itahon by way Of remainder, either with o.
without the inierpesition Of 81 Intervening
estate of a right Of The same legal or elui
table character, t. his heirs, OF heirs of hi
body, "a a class Of persons 20 take in snc
cession the limitation 20 the heirs entitle
the ancestor 20 the whole estate" And il
= Roper on Legacies vol. 2, T.. a93, IL 1
stated a. principle OF law, that IF per
. sonal estate be given by testament 10 4
/, and Che heirs Of his body, rs such word
would create an express estate tail In free
hold lands, IL applied 10 them, 80 in per
sonal estate ii applied 90 il. Such wori
will have the effect 10 vest the absolut
Interest, because aich property cannot b
entailed therefore the first taker will tax
Z the absoiute interest in the bequest, an
the remainder, OF eKecuiory limitation {
the heirs Of the body, will have no eieC
# The language of the beqnest under cor
,- siderstion, after giving Mrs. Sneed an ab
solute separate interest for life, is, land 3
her death % be equally divided among he
children" and the question now presente
| rs TINS la the MOiu 'chliuIeils ~ useN i
this clause Of The will, TO be construed as
word of purchase, or OF limitations Ii th
former the remainder takes effect il III
,e latter il is void and Mrs Sneed took th
y absolute interest. F.H .
"a The word children" is strictly a word
Of purchase, and must be so construed, unle
e. il clearly appears that il was intended as
~ word Of limitation, and as a general ru
AZ such intention must be gathered from u
al instrument itself There is nothing wha
IN ever in this will from which We can ORA
even an inference that the testgtor intends
the word children 10 be construed, or
take eject, as a word OF Limitation; and
We look outside of the instrument, and
the fact that bic daughter, Nancy {. Snee
e had several children living al the date
the will, who are declared 10 be the ohiec
Of his bounty, it is very apparent the NO
was used IN Its strictly legal sense, and a'
r. word Of purchase We are. therefore,
nE opinion the bequest does not iall within q
ar extent and operation Of ihe rule In She
n- ley's case, or the principle before REFER,
'm 10 a. laid down in RoPeG's Treatise on q
a. Law ID Legaoies.
% appehrs that the note given BY Sne
for the purchase money Of The slaves v
delivered over by the clerk 70 the admin
trators-as 80 much money-and Is siih
=. the hands Of the defendant Overall, al