Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-04
LEGAL.
Decisions Of the supreme Court OF
Tennessee, at Nashville. December
Term 1867


Tennessee. at Nashville. December
Term, 1867.
Reported cor the Union and Dispatch. by 5. ].
Henderson. Attorney al Law.
Every decree must be founded on and be in
conformity % the allegations and proof, and
cannot be based upon fact not pat n issue
Previous 10 the abolition Of slavery. the rs
sent Of the State was necessary 10 complete
the manumission Of slave. But slave,
during the interval between the time at
which his former master vested him with the
right of freedom and IFS final cOnsumatiOn,
was free 10 enjoy the fruits Of has own labor,
and be may support trust made in his favor
during this period after the assent Of the State
IS given 10 his manumission."
W. IL. Bedford, trustee, and Emily free wO-
man Of color ~. T.. l. Williams, administrR-
tor Of d. =. Parsons deceased
On the 26th Of March, l847, the defend
ants interstate, Benjamin p. Parsons, made
and executed deed in trust TO the COM
plainant w. III. Bedford, whereby he con-
veyed 10 the trustee four slaves, viz: Nell
aon, Amy, John and Cynthia, for the sole
use, benefit and comfortable support" of two
colored women, called Letitia and Emily.
IL il stipulated in the deed, that the slaves
Nelson and Amy, shall be held for the
benefit Of Betitia, and John aud Cynthia
for che Girl Emily, who is described in the
deed, a. the daughter of Letitia. The
trusts are for the separate lives Of the ces-
tues que trust, with the condition, il Emily
shall survive her mother, then all the
slaves are to be held for the use and sup
port Of the former, and Uice versa for the use
and support Of the latter during her life,
and for the support and maintenance Of the
child or children Of the said Emily, and
after the death of both Of the original
benefciaries, Letitia and Emily, then for
the support and maintenance of the child
rem Of the latter now born or hereafter to
be born. In default Of Emily's having a
child or children living at the death of
both the original benefciaries, then said
slaves are TO be held in trust for one Fran
els Lewis and his heirs, and the trustee is
required 10 convey them to Lewis or his
heirs.
In addition 10 the foregoing provisions,
the deed further provides: "If at any time
after the date ofthis instrument, Letitia or
Emily Fhould wish any or all of said slaves
hereby conveyed for their benefit and nae
respectively, sold, and other slaves bought
in place Of them, OF If either or both of
them should prefer 10 have the money got
for any or all Of said slaves, held for her or
their use, then / authorize my said trustee,
w. III. Bedford, or his assigns, TO sell all
OF any of said slaves, aud invest the pro-
ceeds, al said Letiiia or Emily, or both of
them may desire or hold the money for
their use il they SO desire and should said
slaves be sold as here contemplated, then
said trustee or his assigns is to hold the
money or property in which the proceeds
may be invested upon the trusts above ex-
pressed"
Sometime after the execution of this
decd, the slaves Amy and Cynthia, went
into the possession OF the benefciaries in
the trust and in 1858 the defendants in
testale Parsons, sold, and by bill of sale,
transferred Nelson and John, together with
some sixteen other slaves--ali he then
owned-to one j. Z. Taylor, for the sum of
$4,000. Taylor, as il seems, sold Nelson,
and perhaps some others, 10 n man by the
name of Chiffon, who afterwards re sold
them 10 the defendants intestate, b. p.
Parsons, who, as il is shown, died in 1860,
leaving the boy Nelson in the hands Of his
administrator
IL also appears that Chiffon sold John
about the same time he sold Nelson 90 one
Terrell, who removed him 10 the State Of
Mississippi where, 80 far as this record die
closes the facts, he remained until his
emancipation.
Under this general state Of facts this bin
was brought by the trustee, and the girl
Emily, the beneficiary in the trust, TO re-
cover the value of the slave john, with the
interest thereon from the date al which he
was sold TO Taylor, and also the hire Of the
slaves Nelson and John for the time they
werein the custody and control Of Parsons
after the date Of the trust deed.
The bill charges that Letitia il dead aud
that she Was the mother Of the complain
ant Emily, who ia the illegitimate child Of
the interstate Parsons, and for whom he had
strong affection, aud desired that she
should share largely in his estate. IL is
also alleged that he at all times recognized
the slaves conveyed in the trust as belong
ing to the trustee, for the purposes declared
in the deed, and regarded himself as respon-
sible for their hire while under his control.
IL il further alleged that he was induced 10
sell the slaves conveyed 60 TAYLOR 60 avoid
the results of an evil and wicked combina-
ton against him and his property, and
that he received the sum Of $1,000 for John,
which is still in the hands Of his admins
traitor
the execution of the trust on the 2Gth of
March, 1s47, and that the slaves, Amy and
CYNTHIA, went into the possession Of the
compliments in the life time Of the intes-
tate Parsons; but upon information the de-
feDdant denies that Parsons ever recognized
the right of the trustee, or the benfnciaries
in the deed 10 the custody and control of
the slaves, Nelson and John, or admitted
that he was responsible for their hire, or
the consideration for which John was sold.
IL is also admitted that the defendants
iutestate Invested himself OF all his proper
" in 1853, TO avoid the legal consequences
OF some actions Of SANDER that were insti-
tuted against him, and that the bill of sale
10 Taylor conveyed al tie aegroes he o,aRei
az that time.
The defendant also pleads and relies on
the statute Of Limitations Of three and six
years IS well against the claim of heirs. az
for the value Of the slave John.
The proof is somewhat voluminous. but.
II is unnecessary 10 notice more Of il than
TO remark, that il establishes the fact that
the complainant was the repnted daughter
Of the intestsie, and that he publicly &C
knowledged her as such, and at all times
manifested great tenderness and affection
for her. Ii further appears, that her
mother Letitia, was the slave Of Parsons,
and that she died without any formal
emancipation but that many years before
her death, she and her daughter lived in a
separate home, and her master lived and
oohabited with her as husband and wife.
and IN every respect treated her az free
woman.
The Chancellor decreed Tor the COM
plainaut, from which there Is an appeal 10
this court.
The principal question relied under this
state Of facts, is that the laws of this State.
as they existed prior 10 the abolition of
slavery, persons held "a service or labor
were incapable Of holding property Of any
Elnd except such articles az were allowed
by statute, and consequently, they we're
equally incapable Of taking as henefciarias