Williamson Daniel
| Decision Date | 16 March 1827 |
| Citation | 25 U.S. 568,6 L.Ed. 731,12 Wheat. 568 |
| Parties | WILLIAMSON and Others, Appellants, against DANIEL and Others, Respondents |
| Court | U.S. Supreme Court |
APPEAL from the Circuit Court of Georgia.
The controversy in this cause arose out of the following clauses in the will of James Daniel: 'I lend my wife twenty-one negroes,' naming them, and also certain lands, 'during her natural life.' And subsequently, Jesse Daniel Austin, (now called by special act Jesse Austin Daniel,) survived Pasty Hendrick; and after the death of Nancy Daniel, the widow of the testator, took into possession all the negroes bequeathed to her during her life. Patsy Hendrick died about the year 1805, intestate, and without heirs of her body, being at the time of her death an infant about nine years old, leaving Robert Hendrick, her father, and Louisa Hendrick, her half sister, by the father's side, now Louisa Gibbes, one of the Complainants, her next of kin. Robert Hendrick died in 1814, having first made his will, bequeathing his estate to the said Louisa, his daughter, and his wife Mary, now Mary Williamson, also a complainant. Some of the slaves, to wit, Sally and her children, were born in the lifetime of Nancy Daniel.
The Court below determined that the limitation over was too remote, and decreed one-half the slaves to the representatives of Patsy Hendrick, the complainants. It also decreed that the slaves, Sally and her children, did not belong to the estate of the tenant for life. The defendants appealed to this Court.
March 12th.
The cause was argued by Mr. Berrien, for the appellants,a and by Mr. Wide, for the respondents.
March 16th.
The first bequest to Patsy Hendrick would pass the slaves therein mentioned to her absolutely, were not this absolute estate qualified by the subsequent limitation over, if either of the testator's grand children, Patsy Hendrick, or Jesse Daniel Austin,...
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Cunningham v. Stoner
... ... usufructuary. (Cobbey on Replevin, sec. 398; Kent's ... Commentaries, 360; Edwards on Bailments, secs. 369, 403; ... Williamson v. Daniel, 12 Wheat. (U. S.) 568, 6 L.Ed ... 731 (slave mother and child); Putnam v. Wyley, 8 ... Johns, 432, 5 Am. Dec. 346; Concklin v ... ...
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Alberty v. United States, 853
...There is an additional reason for this in the fact that he was an illegitimate child, and took the status of his mother. Williamson v. Daniel, 12 Wheat. 568; Fowler v. Merrill, 11 How. He came, however, to the Cherokee Nation when he was about 17 years of age, and married a freed woman, and......
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Hall v. United States United States v. Roach
...from the Court of Claims. The facts are stated in the opinion of the court. Mr. C. F. Peck, for the appellant Hall, cited Williamson v. Daniel, 12 Wheat. 568; Menard v. Aspasia, 5 Pet. 513; McCutchen v. Marshall, 8 id. 220; Fowler v. Merrill, 11 How. 375; 1 Pars. on Contr. 329; Butler v. Cr......
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John Smith Plaintiff v. Robert Bell, Defendant
...the succeeding bequest to him is therefore void. If these words were out of the will, the case would be a clear one for the son; as in 12 Wheat. 568, where an absolute bequest of slaves is qualified by a subsequent limitation Do these words, then, necessarily purport to define the extent of......