Georgia, Supreme Court, Atlanta : Thweatt et al v Redd, executor, et al, July 1873.

This bill concerned the will of Owen Thomas; it had been the subject of two previous Supreme Court cases (A-04591 and A-04943), the second of which established that the paper propounded was Thomas's last will and testament. By the will, Owen Thomas directed that his slaves be sent to Liberia or...

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Bibliographic Details
Corporate Author: Adam Matthew Digital (Firm) (digitiser.)
Format: Electronic eBook
Language:English
Series:Slavery, abolition & social justice.
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Online Access:Click for online access

MARC

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520 |a This bill concerned the will of Owen Thomas; it had been the subject of two previous Supreme Court cases (A-04591 and A-04943), the second of which established that the paper propounded was Thomas's last will and testament. By the will, Owen Thomas directed that his slaves be sent to Liberia or any other free State foreign to Georgia, into which they severally elect to go. The slaves Griffin Sr and Marino were each given [dollars] 2,500; all the freed slaves were to benefit from the sale of Owen's other property not specifically disposed of. The will was made in 1852 and Thomas died in 1868. Redd, as executor, filed this bill against the heirs-at-law to obtain the advice of the court on how to distribute the estate; slavery had ended at the Confederacy's defeat in the Civil War in 1865 and ten of the slaves named in the will had predeceased the testator. The counsel for the heirs-at-law argued that all the legacies to the slaves devolved on them. The court found that Redd should be awarded [dollars] 3,000 for his services as executor and to repay him for expenses incurred; that Esther, Griffin's widow, be paid the [dollars] 2,500 allocated to him; and that the eighteen surviving former slaves and their eight children share the remainder of the estate. To this ruling the heirs-at-law excepted. The Supreme Court ruled that the testator's intention was that the slaves should benefit from their legacies when they became free and that there was no part of the estate left unaccounted for in the will to constitute a residuum and so pass to the heirs-at-law. Judgment affirmed. 
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