Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-06-30

,-s1sloc utory
-1oilrt of William
.s-uy1s reported in Sd Headl9
aT the title of Stephenson va
N.
object of the litigation is TO deter
ne rights Of the parties interested
estate of Samuel Winstead, who
1851, leaving last will and tesla
which the defendants Harrison
s1year were appointed and duly
the executors.
Eill of Samuel Winstead was exc
q 1S45. BY the terms OF clause
burial expenses and the debts of
were directed to be paid as soon
ais decease as possible. BY clause
ne testator gives to his widow,
nah Winstead, call my property,
real and personal, during her life,
ding any money On hand, or notes or
snts due me, to dispose of as she
reed for the use of the family, ex-
lgmy tract of land near Spring Hin,
ny house and lot in Spring Hill, and
IS in Franklin.
the Sd clause of the will the above
med real estate was directed to be
nd the proceeds to be deposited in
tiers Bank, Sand also the amount
7 and debts that is due me, re-
my wife any of tho last men
oney she may need for the use
at of my negroes during her life,
'e death of my wife, Sussnnah
it Is my will and desire that all
be set free, and 1t is also my
desire that the County Court
tme good DISTINGUISHED man To
necessary arrangements, aud
y negroes to Liberia, and the
ointed to be paid what the Court
is right out of the money that
q In the bank from the lands
Eore mentioned, and the bal
smoney from the sale of the
lots to be used in paying the
moving my slaves to Liberia,
lining balance to be equally
Feen them after all expenses
9 clause then provides A.Sat
any of the negroes be
to, TO. 20 Liberia
s1noose masters in Williamson
and that the money which il
cost TO carry them to Liberia be
to them here, but if it should not be
for thatto be done, then such slaves
sold to the person chosen, and the
eds of the sale TO be given, one
b to the slave SO sold, and the other
s-fourths to be divided among the
er negroes.
l clause 4th the testator gives to his
ow ''my tract of land on which
live, during her life, and at her
j to dispose of as she may think
ler; also, $1,000 in money, and 20
IS of stock in the Columbia road, and
.ay household and kitchen furniture,
ether with all the rents and profits of
land and negroes, during her life, and
Ter death to dispose of as she may
(k fit"
lause 9Th directs certain lands to be
after the decease of the widow on
!, two and three years credit, 'tand all
other property on one years credit"
llause 9th gives the proceeds of the
Jperty last aforementioned to certain
ohews and nieces.
llause 7th directs that if the County
urt will not appoint person to take
negroes to Liberia the executors
Juld appoint some one for that purpose,
. that "the money so deposited in the
TX from the sale of my land and lots,
ether with any remaining money of
estate that is not otherwise disposed
utter all expenses is paid, to be d.
ed equally with my negroes that go to
leria."
By a codicil, executed shortly before
testator's death in 1851, he directs
/ call my money which shall be de-
Iited in the bank by my executors"
II be applied to the same uses and pur-
Ies that the proceeds of the Spring Hill
Ct of land is appropriated to. He also
acts that none of his negroes shall have
lnberty to choose their masters and re-
in as slaves, but that all of them and
ir issue shall be set free and remove to
Deria.
lie also directs that the proceeds of the
Dis and personal property, directed to
sold after the death of the widow, be
ided between certain relations; that
,uld any of these persons contest
will such persons should forfeit
Srshares, which should then go to
spf SAID relatives who should not
s the will; and if all of said rela-
ihOuld contest the will, then the
fund bequethed TO them to be ap-
Iited to the same uses and purposes
,eproceeds of the Spring Hill lands.
b1cfusion, the testator requests his
Z htors to have all his negroes well at
DID TO when sick, and to be in no
amer msltreated.
After the deCease of Samuel Winstead
idow inte-married with jeremiah
enson, andthe original bill in this
sEas filed Sy said Stephenson and
X claiming, amongst other things,
were entitled to the possession
4trol Of thay~oneys deposited in
nring the htRtMrs. Stephenson,
etsin all us interest aud profits
its amendments the
yiend appointed by the
thill denying the claim
A.sd, asserting their own
d its increase, charg-
..5rs had been guilty of
e., aches of trust in regard to the
sind praying for an account against
for q construction of the will, and for
md general relief.
q Court upon the former appeal in
q decided that the negroes, at the
ase of Mrs Stephenson, would be
dei to the benefit of the funds de-
ssd in bank by the executors, and to
profits that the executors might
jade upon or out Of the trust fund;
Sected that the cause be remanded
main in court till the death of Mrs.
.nson, for the making of such or
might he necessary from time TO