Thornton v. Chisholm
| Decision Date | 30 June 1856 |
| Docket Number | N0. 57. |
| Citation | 20 Ga. 338 |
| Parties | John Thornton, plaintiff in error. vs. William A. Chisholm, defendant. |
| Court | Georgia Supreme Court |
In Equity. Muscogee. Tried before Judge Worrill, May Term, 1856.
William A. Chisholm filed his bill in Equity, alleging that he was the trustee of Isaac Thornton of said county, now deceased, to execute certain trusts specified in a deed, the object of which was to emancipate certain slaves, of which the following is a copy:
"The State of Georgia, Muscogee County:
Know all men by these presents, that I, Isaac Thornton, from motives of benevolence and humanity, have manumitted and set free, and by these presents do hereby manumit and set free from bondage or slavery, Jane, a woman about twenty-seven years, of dark complexion and small stature, and Sarah Frances, her daughter, about thirteen years of age, of yellow complexion; and John, a boy, son of Jane, about one year and six months old; and Amanda, a woman about nineteen years old, of yellow complexion; and her daughter, Josephine, about five years old, of yellow complexion; and her son Jacob, about three and a half years old; and her daughter, Mary Elizabeth, very white complexion, about one year and six months old; all of said named slaves now in my possession, and to remain, during my natural life, subject to my control and direction; after which I do hereby grant and release unto my trusty friends, Edwin G. Thornton and William A. Chisholm, my chosen trustees, for the following purposes: All of said slaves, with each and all their natural increase, born of their bodies or that of their children, after this date and henceforward; that is to say, to remove said slaves to some free State or to the State of Liberia, on the coast of Africa, according to their discretion; and that my trustees shall, immediately after my death, take possession of all my property, both real and personal, and choses in action, for the purpose of carrying out the trust herein created; that is to say, to pay the expenses of transportation or passage to their destination; and all monies or effects of mine in the hands of my trustees, remaining after paying said expenses, to be given and appropriated by my said trustees to said named slaves, for their support, use and maintenance.
In testimony whereof, I have hereunto set my hand and seal, this the twenty-seventh day of March, 1855.
ISAAC THORNTON, [l. s.]
It is further alleged, that a few days after the execution of this instrument, Isaac Thornton died, and that the complainant, Chisholm, then took the property in hand with a view to perform the said trusts, his co-trustee refusing to act; that said Isaac Thornton died, leaving neither wife nor law-ful children, and that John Thornton is the brother and only surviving next of kin of the deceased; that the said Isaac died intestate and out of debt; that he was the father of the children mentioned in the deed; that said John Thornton claimed said property as next of kin, and waived an administration of said estate.
Prayer for direction, &c.
The answer filed admitted most of the facts, but denied that the deceased was the father of said children, and averred the deed to be void, &c.
Upon the trial the introduction of the deed in evidence was objected to by defendant's Counsel. The Court over-ruled the objection, allowed it to be read, and charged the Jury, that "said instrument read in evidence was a good deed of emancipation, and authorized said trustee to execute the trusts in it." To which charge and ruling defendant excepted.
A. McDougald; Johnson & Sloan, for plaintiff in error.
Ingram; Crawford; Russell; Thornton, for defendant.
By the Court.— Benning, J., delivering the opinion.
The instrument was...
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Blacksher Co. v. Northrup
...and subscribed in the presence of the testator by three or more competent witnesses.' Civil Code, § 3272. And in the case of Thornton v. Chisholm, 20 Ga. 338, this court that an instrument attested by two witnesses only was void as a will. A judgment of the court of ordinary ordering the pr......
- Gunby v. Carter
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Gay v. Sanders
...and subscribed in the presence of the testator by three or more competent witnesses." Civ. Code, § 3272. And in the case of Thornton v. Chisho'm, 20 Ga. 338, this held that an instrument attested by two witnesses only was void as a will. A judgment of the court of ordinary, ordering the pro......