Gaston County NcArchives Court.....Andrew Boyle, Alexander Rankin V. 1848
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Connie Ardrey n/a January 31, 2010, 6:26 pm

Source: Nc Reports
Written: 1848

Alexander Rankin & Al vs. Andrew Hoyle & Al
August Term, 1848

A testator bequeathed certain slaves to his wife for life, with power at her 
death to dispose of them, as she might think proper, among her children. One 
of the children died in the lifetime of the testator, leaving children. Held, 
that the wife had no right, under this power, to appoint any of the slaves to 
the said last mentioned children.

Cause removed from the Court of Equity of Gaston County, at the Spring Term 
1848.

This bill was filed by Alexander Rankin and his wife Elizabeth Ann Rhinehart, 
Alexander Moore and Robinson Moore against Andrew Hoyle, as the executor of 
Elizabeth Moore, deceased, and as the administrator with the will annexed of 
Alexander Moore, senior, deceased, and against Elizabeth R. Moore and the 
other children of James Moore, deceased, and its purpose was to obtain a 
judicial construction of the wills of the said Alexander and Elizabeth Moore 
deceased, and for the distribution of the property accordingly. 

The case made by the bill and answer is this: Alexander Moore by his will gave 
to his wife Elizabeth, considerable property, both real and personal, 
including several slaves, during her life, and at her death to be disposed of, 
as she might think proper among her children. Elizabeth Moore, the widow, by 
her will gave a certain number of slaves, so bequeathed to her, to the 
children of her deceased son James Moore. Alexander Moore died in November 
1837, having survived his son James Moore, who died in the preceding 
September, and Elizabeth Moore died in the year 1839. The will of Alexander 
Moore was made and published in June 1834, and that of his widow in December 
1838.

The plaintiff, Elizabeth, wife of the plaintiff Alexander Rankin, and the 
other plaintiffs, are the only children of Elizabeth Moore, who were living at 
the death of their mother. The defendants, other than the executor, are the 
children of James Moore deceased, and grand children of the said Elizabeth. 
The defendant, Hoyle, as the executor of the said Elizabeth and administrator 
with the will annexed of the said Alexander Moore, deceased, took possession 
of the negroes bequeath by the said Elizabeth to his co-defendants, and sold 
some of them, and holds the proceeds of the sale, together with the slaves not 
sold, subject to the direction of the Court. 

The plaintiffs contend, that their mother Elizabeth Moore had no authority, by 
virtue of the power given to her in the will of her husband, to bequeath the 
slaves to her grand children, and that, consequently, the said slaves or their 
proceeds in the hands of the executor, belong to them. On the other hand, the 
defendants, the children of James Moore, deceased, insist, that, under the 
provisions of the act of 1816, and by virtue of the power given in their 
grandfather's will to their grandmother, she might bequeath to them whatever 
she might have given to their father, had he been living at her death.

Avery, Bynum and Alexander for the plaintiffs
Guion for the defendants

[NC Supreme Court]
Battle, J. ...In the case presented to us, we hold that the power was not well 
executed in favor of the grand children of the testatrix, Elizabeth Moore, and 
that consequently the plaintiffs are entitled to a decree for such of the 
slaves, bequeathed by the will of the said Elizabeth, to the defendants, as 
are now in the hands of the executor, and for an account of the proceeds of 
such as he has sold.

Per Curiam
Decree accordingly

[See court case for Judge Battle's complete findings]

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