Georgia Reports Volume 29

Georgia Reports Volume 29

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 edition. Excerpt: ...children; and the share in remainder of Epsey Harrison vested in her. If Sarah Perkins relinquished her life estate in the negroes, and distributed them amongst the children who were of age, as advancements, and kept one share of the negroes, that relinquishment and division was an assent to the legacy, and the title to the negroes vested in those to whom they were respectively assigned, and the share which remained in the hands of Sarah Perkins vested in the estate of Epsey Harrison if she was then dead. That was an administration of the estate of Moses Perkins, so far as the negroes were concerned, and the title of the executors was divested, and could not be revested in the executrix by any act of hers; and under this state of facts, the administrator de bonis non, of Moses Perkins, had no title to the negroes, and could not recover. The administrator of Mrs. Epsey Harrison, if she died before her husband reduced the negroes into possession, was alone entitled to sue for and recover the same," &c. Counsel for plaintiff requested the Court to charge the jury, that if Sarah Perkins reserved the negroes for the children of Epsey Harrison, and not for her administrator, that di_d not amount to an assent to the legacy, and an execution of the will of Moses Perkins. The Court refused so to charge. To which charge and refusal to charge, counsel for plaintiff excepted. The jury found for the defendant, and plaintiff moved for a new trial, on the ground, that the Court erred in the charge above stated, and in refusing to charge as requested. The Court overruled the motion for a new trial, and plaintiff excepted. By the Court.--BnNNrne J. delivering the opinion. Was the Court below right in overruling the motion for a new trial? We...show more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236762029
  • 9781236762023