Threadgill v. Ingram

• Decision Date: 30 June 1841
• Citation: 1 Ired. 577,23 N.C. 577
• Court: North Carolina Supreme Court
• Parties: HULL THREADGILL AND OTHERS v. THOMAS INGRAM.

1 Ired. 577

23 N.C. 577

HULL THREADGILL AND OTHERS

v.THOMAS INGRAM.

Supreme Court of North Carolina.

June Term, 1841.

A testator devised as follows: “I leave the whole of my other estate as well negroes as goods and chattels to be equally divided between my four children A., B., C. and D., and for my executors to have it appraised and pay off each child's part as they shall come to age, the boys to have their part at the age of 21 years, and the girls to have their part at the age of 18 years; and if either of my children die without heir lawfully begotten, then his or her part to be equally divided between my surviving children and their heirs forever.” A. died first, leaving children. B. afterwards died leaving no children. Held that the limitation over in the will was not too remote; that on B's. death without issue, his share became vested in C. and D., who survived him; and that, as A. did not survive him, no part of such share vested in the personal representative or the children of A.

The cases of Zollicoffer v. Zollicoffer, 4 Dev. & Bat 438, and Gregory v. Beasley, 1 Ired. Eq. Rep. 25, cited and approved.

This was an appeal from the judgment of the Superior Court of Law of Anson County, at Spring Term, 1841, his Honor Judge DICK presiding, upon the following case agreed:

Action of detinue for a slave named Abram, which the defendant admits is now and was in his possession, when demanded by the plaintiff immediately before the bringing of this action, and he admits that he refused to deliver him to the plaintiff. It is admitted that George Ingram died in the year 1775, having first duly made his last will and testament, which was duly proved. The following is a copy of so much of the will as relates to this case: “I leave the whole of my other estate, as well negroes as goods and chattels to be equally divided between my four children, John Ingram, Tabitha Ingram, Jesse Ingram and Nancy Ingram, and my executors to have it appraised and pay off each child's part as they shall come to age, the boys to have their part at the age of twenty one years, and the girls to have their part at the age of eighteen years; and if either of my children die without heir lawfully begotten, then his or her part to be equally divided between my surviving children and their heirs forever.” The said testator left surviving him the four children named in his will, to wit, John, Tabitha, Jesse and Nancy. John died in the year 1800 leaving two children. Jesse died in October, 1835, without ever having had any children. Tabitha died in March, 1836, leaving children. The plaintiffs, Hull and Patrick Threadgill, obtained letters of administration on the estate of the said Tabitha. The plaintiff Nancy is the survivor of the said four children of the said testator, and is the wife of the plaintiff, John Howlett. The slave sued for is the grandson of a female slave, obtained by the said Jesse under the will of the said testator, with the assent of the executor of the said will; the said Jesse having arrived to the age of of twenty-one years. The said Jesse also left a last will and testament, which has been duly proved, and Jeremiah Ingram, the executor therein named, duly qualified and took upon himself the execution thereof. The slave sued for is held by the defendant, as the agent of the said Jeremiah, the executor of the said Jesse.

If, on this statement, the plaintiffs be entitled to recover in this action, the judgment to be rendered for the plaintiffs; if not, then judgment to be rendered for the defendant.--If judgment be rendered for plaintiffs, the slave sued for is of the value of $700, and the damages for detention are agreed to be $200. And the Court thereupon, pro forma, rendered judgment for the defendant, from which the plaintiffs appealed.

Winston, for the appellants , contended that the limitation over in the will was not too remote, and that on the death of Jesse without issue his entire interest vested in Tabitha and Nancy, who survived him; and he cited the following authorities: Southerland v. Cox, 3 Dev. 394; Jackson v. Chew, 12th Wheaton 153.W. H. Haywood, jr. for the defendants , insisted that the remainder was too remote, and cited Rice v. Satterwhaite, 1 Dev, and Bat. Eq. 69; Massy v. Hutson, 2 Mer. 130;Ward on Legacies, p. 185, 240, 241; Barlow v. Salter, 17 Ves. 481; 2 Powell on Devises, 723. He also insisted that the representatives or children of John, who had died before Jesse, were entitled to a part of Jesse's share, as in this case the word “survivors” in the will should be construed “others;” and for this he cited 2 Powell on Devises 723, (new edit. in Law Library;) Ward on Legacies, p. 185.

DANIEL, J.

This is an action of detinue to recover a slave by the name of Abram. Plea non detinet. In the year 1775, George Ingram made his will, and, after some devises of land, he says, “I leave the whole of my other estate, as well negroes as goods and chattels, to be equally divided between my four children, John, Tabitha, Jesse and Nancy Ingram; my executors to pay off each child's part, as they shall come to age; the boys to have their part when they come to the age of twenty-one years, and the girls to have their part at the age of eighteen years. And if either of my children die without heirs lawfully begotten, then his or her part to be equally divided between my surviving children and their heirs forever.” John died in the the year 1800, leaving two children. Jesse died in 1835, never having had children. Tabitha survived him, and died in 1836, and the two Threadgills, plaintiffs, are her administrators. Nancy is still alive, and she and her husband Howlett are the other plaintiffs.--The slave Abram is a descendant of a female slave, obtained by the legatee Jesse, under the will of his father with the assent of the executors. There was a demand of the slave before the writ issued, and the defendant refused to deliver...