Summary: | Presley Person conveyed two slaves, Jacob and Ritta, to his daughter Mary Montgomery by parol gift. He subsequently died, leaving a will that only disposed of his real property. Mary Montgomery's husband had an execution for debt levied against him; the sheriff seized Jacob and Ritta and sold them to the defendant, Twitty. Person's executor then sued Twitty for detinue, maintaining that title to the slaves still vested in Person's estate. Jacob was valued at [dollars] 500 and Ritta at [dollars] 700. The court found for the plaintiff and the defendant appealed. The Supreme Court found that a parol gift of slaves did not amount to an advancement of a deceased's personal estate and that Person, having left a will, had not died intestate. Judgment affirmed.
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