The south-western. [volume] (Shreveport, La.) 1852-1870, 1869-06-23

SUR OF NEGROES TO RECOVER ESTATE OF THETF
FORMER MAsTERs-7he Verdict against IHem.-Ar
important case, known the Owen Thomas will case
has just been decided in the Superior Court at Colum
bus, Georgia. A statement Of the facts and the re
suits OF the trial may be uninteres &. The
Involved was at least $40. 900. The parties JAS
K Redd, propounder OF the will, vs. Sophia Hargroves
and d. w. Thweat ais, caveators, and the facts
stated by the Judge in his charge as follows:
On the 18th day of February 1852. Owen Thomas
made and published paper purporring TO be his last
will and testament, and nominated Jas K. Redd and
Augustus Howard executors of the same, and in the
Sd, 4th and 9th items provided that certain number
OF his slaves in all over thirty, and consisting Of men,
women and children, should be carried to Liberia or
some other free State, foreign to Georgia. into which
they might severay elect 60, and there he forever
H1Rnumtted and freedthey and their posteritY and
further provided that all the rest Of his property
ssg OF lands negroes stock and crops, etc, should
be sold, and the proceeds be applied to the payment
Of debts to the betrayal of the expenses incident to
the execution Of the will the removal and subsist
ence of the negroes in their homes and the bal
snce to be equally divided among such of the negroes
ss were over eighteen years of age, their arrival
the place they might select for their homes.
On the 2sth of September, 1868, Owe" Thomas de-
parted this life. Subsequently James K. Redd, the
executor nominated in the WILL propounded the same
to the Ordinary Court of this county for probate when
the caveators the only heirs at law Of Owen Thomas
appeared and filed their caveat against the probate OF
the will, on the following grounds:
!. Because said will revoked by an act Of the
Legislature assented to on the l4th December 1885,
to prohibit the post norton n.numission of slaves
O. Because the will provided that the negroes might
elect to 60 to Liberia or other free State. 8.
Because circumstances subsequently occurring have
made it impossible for the executors to execute the
will
Upon hearing the the Ordinary refused TO set
up the three items mentioned above but admitted
the bill to probate the other items therein con
tanned From this decision of the Ordinary appeal
was entered BY the propounder and in this way the
case comes before this court for trial.
The judges charge favorable to to the defend
snts the caVeators, and the jury found the following
verdict:
We, the jury, find that every part of the paper pro-
pounded as the will of Owen Thomas, is void except
that part which gives legacy bequest to Mrs How
ard, and the part which appoints james Z Redd and
Augustus Howard executors, excluding the legacy to
them, and find that these two parta are the will of
Owen Thomas
The result, stated by the Columbus Sun, is to take
the administration from J. III. Thweatt appointed by
Ordinary Duer, and give it to the surviving executor
J. K Redd, AID besides the legacy Mrs. Howard,
large amount, and the appointment of the cxecl-
tors part Of the will holds good The bulk Of the
estate then goes heirs of Mrs. Thweatt and to Mrs
Hargroves, unless the Supreme Court overrues the
decision, other is taken. The case will
be carried to the Supreme Court.