Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-26

provided in the seventh item above quoted,
sad iegacies amounting to 5000, should
be paid out of the fund ia court 10 the ex-
tent OF the fund of $S98.65, which was
raised by the sale of personal property, the
sale OF the three old negroes and the hire
Of the three negroes. The remainder of
the fund in Court was decreed to be paid
to the petitioners.
From this decree the petitioners appealed
TO this Court
The petitioners ask only for the pay
ment TO them OF the fund now in court.
and no questions arise thereon as to the
correctness of The former orders and de-
crees in the cause.
This record shows that by the will of
Joshua Pearce the proceeds of certain
personal property and of three negroes
whom he directed TO be sold for that pur-
pose, were to be given to certain Iegatces.
The proceeds of these sales and the hire of
said slaves previous to their sale amount
ed to the sum of SS9S. IS. This
fund was used in the payment of debts of
the estate and of the expenses of admins
tration, and the Chancellor decreed that
the legatees were entitled to have their
fund reimbursed to that extent out of the
fund raised by the hire of the negroes who
by the provisions of the will were 70 be
emanclpated on the first day of January,
1854, and who as appears by the record,
have been hired out from that time till the
year 1862 to pay the debts of the estate.
the expenses of the administration and the
distributive share of the widow, and to
raise the present fund for the purpose of
defraying their expenses to Liberia
This fund clearly belongs to those for |
whose benefit it was intended and by whose |
labor it was created
Waving all other questions, the bequest |
OF freedom to these slaves was specific, and |
the slaves did not constitute the primary /
fund for the payment of debts as between /
them and other legatees, either general or
specific. The bequest of freedom is of 1
higher nature than a pecuniary /
legacy and in the absence of any indica-
ton OF the testator's intention to that eff
feet, viii not abate in order to Salty such
a legacy or be compelled to contribute if
it Is absorbed by the debts of the estate.
If there be two legatees of personal prop
erty, the one may easily and consistently
with its nature contribute to the exonera-
ton of the other from a common burden.
But where the bequest to a man is of his
personal liberty the legacy can be made to
N.'AAtAAbtAtS OAl4l ny oCAAAAlS NDC lC9dlCO, VI
continuing him in slavery till he shall work i
out the required contribution
In case of legacies of money or chattels |
all stand upon an equal footing and rata
BILE portions of all may be taken to equalize
the burdens among them, and if necessary
the chattel itself may be sold and its pro-
ceeds distributed. But how shall we
equalize the burden in case where one
legatee must contribute his own bondage
for life in exoneration of the bequest of
a horse to another legatee? If the
will manumit a family, shall We sell the
father, the mother, or the infant, as a
means Of relieving the burden from some
other legacy? And, if we sell either, how
shall we enforce contributions from the
more fortunate members of the class, and
equalize the misfortune between them?
The testator declared that these slaves
should be set free on the first day of Janu-
airy, 1854. We will not presume, in the alb
Sence of any expression to that effect, that
his intention was chat theJ should be sold
IS slaves for life, or continued in slavery an
number of years, merely to in
sure the payment Of the legacles to his
children and grandchildren. 1
Bsquests of freedom to the slaves of a
.estator have usually arisen from strong |
motives and earnest feelings OF justice,
kindness or personal affection; and where {
4 will of that character is made, the pre-
sumption, in the absence of contrary ex- Z
1ressions, is that the testator intended the !
)equest of freedom to take effect accordingto
he terms Of his will, and not thatthe liberty
Jr bondage of those whom he manumits
md their posterity should be made to de-
bend upon the good faith or diligence of an
Executor, or the accuracy of the testator's
as to the amount of his estate.
The decree OF the Chancellor viii be re-
-ersed 50 far as it directs the payment of c
egacies out Of the fund in court, and de-
rec entered that the fund be distributed to '
hose individuals by whose labor it was
III the ratio of their respective c
earnings as nearly as may be aseertained.
GEORGE ANDREWS, Judge