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Thomas H. McClanahan, Administrator of William J. McClanahan, deceased, Complainant and Appellant, v. Richard Davis, William D. Nutt, Administrator of George Coleman, deceased, Elizabeth Blacklock, the Widow and Relict of Nicholas F. Blacklock, deceased, U.S. 170 (1850)

handle is hein.slavery/ussccases0270 and id is 1 raw text is: 170 SUPREME COURT. McClanahan v. Davis et al. THOMAr.S H. MCCLANAHAN, ADMINISTRATOR OF- WILLIAM J. MC- CLANAHAN, DECEASED, COMPLAINANT AND APPELLANT, V. RICHARD DAVIS, WILLIAM D. NUTT, ADMINISTRATOR OF GEORGE COLEMAN, DECEASED, ELIZABETH BLACKLOCK, THE WIDOW AND RELICT OF NICHOLAS F. BLACKLOCK, DECEASED, NICHOLAS F. BLACKLOCK THE YOUNGER, JANE LOWE, LATE JANE BLACKLOCK, DAVID LOWE, HER HUSB.ND,.AND ELIZABETH FOX, LATE ELIZABETH BLACKLOCK,'T E SAID NICHOLAS F. THE YOUNGER, JANE, AND ELIZABETH BEING THE CHILDREN OF THE LATE NICHOLAS F. BLACKLOCK THE ELDER, DECEASED, DEFENDANTS, The assent of an executor must be obtained before a legatee can take possession of a legacy. But this assent may be implied, and an assent to the interest of the tenant for life in a chattel inures to vest the interest of the remainder. There- fore, where a bill averred the possession of the subject of the legacy by the life- tenant in pursuance of the bequest in the will, and this bill was demurred to, it is sufficient to raise a presumption that the possession was taken with the assent of the executor. By the laws of Virginia, where there is a tenancy for life in a slave, with remainder to the wife of another person, the interest of the husband in the wife's remainder is placed upon the footing of an interest in a chose in action. If, therefore, he survives the wife, he may reduce the property into possession at the expiration of the life estate; but if he be dead at such expiration, the property survives to the wife, and on her death passes to her legal representative as part of her assets. Query, whether the husband or his personal representative is not bound to adminis- ter upon the wife's estate, before bringing suit to recover property so situated in the &ate of Virginia. Where there was no direct or positive averment that the defendants, or either of them, had any interest in the property claimed, or that it was in their possession, no ground of relief against those parties was shown, and the right to a discovery as incidental thereto, failed also. THIS was an appeal from the Circuit Court of the United States for the District of Columbia, holden in and for the County of Alexandria, and sitting as a court of equity. The object of the bill was to reclaim the possession of cer- tain slaves, and to compel an account and compensation for the value of certain other slaves, all of, which were alleged to be the property of the complainant and appellant, in his character of administrator. The facts were these. In 1797, one Elizabeth Edwards, an inhabitant of Northum- berland .County and State of Virginia, by her last will and tes- tament, bequeathed to her daughter, Sarah Nutt, a certain negro girl named Lavinia, a slave- for life, with her future incrdase, for and during the life of said Sarah Nutt, and at her death to Flizabeth Fauntleroy Nutt, the granddaughter of the testatrix. In the same year, viz. 1797, the testatrix died, and ip June, 1797, the will was duly proved at the court of monthly ses- sion, and letters testamentary granted to'Griffin Edwards, one of the executors named in the will.

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