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![handle is hein.slavery/ussccases0155 and id is 1 raw text is: CASES IN THE SUPREME COURT
1827.
Williamson
V. (DEVISE.]
Daniel.
WxLLIAMsoN and Others, Appellants, against DA&NxIL and
Others, Respondents.
An absolute bequest of certain slaves to P H. is qualified by a subse-
quent limitation over. that if either ofthe testator's grand children,
P H., or J. D. A., should die without a lawful heir of their bodies,
that the other should heir its estate, which converted the previou.:
estate into an estate tail. and there being no words in the will
which restrained the dying without issue to the time ofthe death
of the legatee, the limitation over was held to be on a contingency
too remote.
The rule of partus srluitur ventrem is universally followed, unless
there be someihing in the teims of the instrument which disposes
of the mother, separating the issue from her.
APPEAL from the Circuit Cmiirt of Georg-a.
The controversy in this cause arose out of the following
clauses in the will ofJames Daniel. I lend my w:fe twen-
ty-one negroes, naming them, and-also certain lands, du-
ring her natural life. Aad subsequently, 1 give and be-
queath unto my grand daughter, Patsy Hendrick, three ne-
groes. viz- Joe, Parker, and Willis-] also give her one half
of the negroes I have lent my wife, to her and her heirs for
ever. I give and bequeath unto my grandson, Jesse Daniel
Austin, son of Betty Austin, one half of the negroes I havc
.lent my wife, after the death of my wife, Nancy Daniel.
Now my will is, that if either of my grand children, Patsy
Hendrick, or Jesse Daniel Austin, should die without a laws-
ful heir of thezr'bodiet, that the other should heirits, estate.'
Jesse Daniel Austin, (now called by special act Jesse .Aus-
tin Daniel,) survived Pasty Hendrick, and after the death
of Nancy Daniel. the widow of the testator, took into pos.
session 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
f'kther, and Louisa Hendrick. her half sister. by the father',](ViewImageLocal?handle=hein.slavery/ussccases0155&div=1&collection=&method=preview&ext=.png&size=3)