About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Auld v. Norwood U.S. 361 (1809)

handle is hein.slavery/ussccases0030 and id is 1 raw text is: ,FEBRUARY, 1S0. MARSHALL, Ch. J. Can an executor distribute BSZNT -the estate before he has qualified and obtained let- C,1JU ters testamentary ? LIVrNGSTON, J. In England, an executor, before probate, can do every thing but declare. WASHINGTON, J. mentioned the case of Burnley v. La.nbert, 1'Wash. 308. in which it was decided,,by the court of appeals of Virginia, thate after the assent of the executor, the legal pr9perty is complete- ly vested in the legatee, and cannot be devested by the creditors. March 13. MARSHALL, .Ch. J. delivered the'opinion of the tourt to thefollowing effect: This court is of opinion that the possession of Chapman was a bar to the seizure of- the slave by the marshal, under.the execution stated in this case. The. only objection of any weight was, that there was no admiristration upon the estate of Robert Alexan- der, stn. and, consequently, that the possession of Chapman was not -an adverse possession. But there was an executor competent'to assent, and who did assent, to the legacy, and to the parti- tion between the legatees, and who could not after- wards refuse to execute the will. Judgment affirmed. AULD v. NOR VOOD. ,ERROR to the circuit court for the districtof Ifleowuer Columbia. sitting at Alexandria, in an action of ofsvepe- mit her to re'- detinue for a female slave namned Eliza' Upon the 1ia in the Vol. . Z,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most