Anson County NcArchives Court.....Thomas Ingram, Hull Threadgill & Others V. 1841
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Connie Ardrey n/a January 31, 2012, 2:02 pm

Source: N C Reports
Written: 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 died 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 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.

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 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."

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 21 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 is 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.

W. H. Haywood, Jr. for the defendants, insisted that the remainder was too 
remote. He also insisted that the representative 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."

NC Supreme Court Justice Daniel, J. - This is an action to recover a slave by 
the name of Abram. We think the judge erred in deciding that the law was in 
favor of the defendant. The judgment must, therefore, be reversed, and 
judgment be entered for the plaintiffs on the case agreed. (See court case for 
judge's full findings)

Per Curiam
Judgment accordingly

Additional Comments:
In the NC Supreme Court June Term 1841

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