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Hume v. Beale's Executrix U.S. 336 (1873)

handle is hein.slavery/ussccases0343 and id is 1 raw text is: 836 HUME v. BEALE'S EXECUTRIX. [Sup. Ct. Statement of the case. flUmE v. BEALE'S EXECUTRIX. 1. Although a former suit about the same subject-matter as a later one may not operate strictly as res adjudicata, yet it may well be referred to when it was heard'on the scene of the transaction complained of, and when it relates to a transaction forty years old, is an element by which a conclu- sion at a later day in accordance. with its result may be assisted. 2. The rule of equity applied, that if a cestui que trust, after becoming sui juris, has with full knowledge of a breach of trust, for a long time ac- quiesced in it, equity will not relieve him. 3. Accordingly, a bill by cestui que trusts was dismissed, where all thegrounds of action had occurred between twenty and thirty years, and the alleged breach of trust had taken place thirty-seven years before the bill was filed, and the trustee was dead. 4. This, although the cestui que trusts were women and the trustee a lawyer, who had married their half-sister. ERRo- to the Supreme Court for the Dist.rict of Columbia; the case being thus: Benjamin Berry, of Prince George's County, Maryland, owning a farm in that county, about. twenty miles from Washington City, stocked with thirty slaves, and w~ith proper animals and implements of husbandry, on which farm his son and the wife Eleanor of this son, with their three children, named respectively, Barbara', Amanda, *and Rosalie, were living, conveyed it inMarch, 1826 (his said son having then recently died), to Robert Beale (a young lawyer of Wash- ington City, a friend of th family, and who in 1829 married a daughter of the said Mrs. Eleanor Berry, by a former husband) on these trusts and o other; that is to say, to retain.the legal title to all the said property during the life and widowhood of the said Eleanor, and after her death or marriage, until such time as the eldest of the children shall opinion relied on by counsel in the former case, with that expressing the opinion of the court in the latter,.thejudgments of the court in ,the two cases are in no way inharmonious. And the Reporter has already noted in his syllabus of the former case that the judgment in it was given by a court nearly equally divided, and that the. majority of the court who agreed in the judgment did not agree in the grounds of it.

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