Goodwin v. Moore

• Decision Date: 31 July 1843
• Citation: 23 Tenn. 221
• Parties: GOODWIN v. MOORE.
• Court: Tennessee Supreme Court

23 Tenn. 221

GOODWIN

v.MOORE.

Supreme Court of Tennessee.

July, 1843.

This bill was filed in the chancery court at Jonesborough by Goodwin, administrator of Moorely, against Moore, administrator of Heaton. Moore filed his cross-bill. Answers and replications were filed, proof taken, and the cases heard before Chancellor Williams. He dismissed the cross-bill, and gave a decree on the original bill. The administrator of Heaton appealed from the decree dismissing the cross-bill.

J. A. McKinney, for Goodwin.

T. Nelson, for Moore.

Reese, J., delivered the opinion of the court.

A certain Edward Smith died in Carter county in the year 1809. In 1807 he made and published his last will and testament, in which, among other things, he devised as follows, to wit: “I give and bequeath to my dearly beloved wife, Catharine, all my stock of horses, cows, hogs, sheep, and bees, with all my household furniture and farming utensils of every kind; also my wagon and gear, still and vessels; also my plantation whereon I now live, for and during her natural life; also my negro woman Agness and her child, and their increase for and during her natural life, and then to go to my youngest daughter, Nancy, and her heirs forever.” In 1808 the said Smith made the following instrument, to wit: “To all whom it may concern, know ye, that I, Edward Smith, of the county of Carter and the State of Tennessee, for and in consideration of the love towards my loving wife, Catharine Smith, of the same county and State aforesaid, have given, and by these presents do finally give and grant, unto the said Catharine Smith, a negro woman named Agness, and one child named Nelly, and their increase for and during her natural life, and then to go to my youngest daughter, Nancy, and her heirs forever. Before signing these presents, I have delivered the said negroes with my own hands to my wife, Catharine, to dispose of to my daughter, Nancy, whenever she thinks proper, bearing even date, to have and to hold the said negroes to her, Catharine Smith, and my daughter, Nancy, and her heirs forever, from henceforth, as her and their proper negroes absolutely, without any manner of condition.” In 1819 Nancy Smith intermarried with Vaught Heaton; in 1829 Vaught Heaton died, his wife, Nancy, and his mother-in-law, Catharine Smith, surviving. A year or two afterwards Catharine Smith died, and her daughter, Nancy, the widow of Heaton, subsequently intermarried with James B. Moorely; he has...