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.
![handle is hein.slavery/ussccases0440 and id is 1 raw text is: Oct. 1878.]
BLAKE V. HAWKINS.
the contract. TFashburn v. Franklin, 85 Barb. (N. Y.) 599 ;
s. c. 13 Abb. Pr. 140. If the act of Dec. 14, 1875 (supra),
repealed the restraining laws absolutely as to cities, which we
do not decide, the notes first issued by the city were valid
from that time.
We think the charge as quoted was right. Hitheock v.
Galveston, 96 U. S. 341; The Mayor v. Bay, 19 Wall. 468;
.Police Jury v. Britton, 15 id. 566; Mullarky v. Cedar Falls,
19 Iowa, 24; Sykes v. Laffery, 27 Ark. 407; Wright v. Hughes,
13 Ind. 109, are authorities to the point. See also the numer-
ous cases cited in Dillon, Mun. Corp., sect. 407, note.
Judgment affirmed.
BLAXE v. HAvUs.
1. An appointment under a power is an intent to appoint carried out, and, if
made by the last will and testament of the donee of the power, the intent,
although not expressly declared, may be determined by the gifts and direc-
tions made, and if their purpose be to execute the power, the instrument
must be regarded as an execution.
2. A., who had a power to appoint a fund in the hands of B., made her will,
wherein she declared her intention thereby to execute all powers vested in
her, particularly those created in her favor by certain deeds executed in
1839, whereby she became entitled to appoint that fund. Following this
declaration were various gifts ofpecuniary legacies for charitable purposes,
amounting to $28,500, and also provisions for the payment of certain annui-
ties. Special disposition and appropriation were made of her personal
property, which consisted of household furniture, carriage and horses, a
growing crop upon a farm, a small sum of cash in hand, some petty debts
due her, and about sixty slaves, the latter constituting nearly nine-tenths of
the value of the whole. Certain real estate was also to be sold, and the pro-
ceeds applied to a specific purpose. The will declared that if it should
appear at her decease that the bequests exceeded the amount of funds left,
the first five only (those to charities) should be curtailed until brought
within the assets. The fund in the hands of B. was not more than suffi-
cient to pay the legacies. Held, 1. That it was the intention of the testa-
trix that the legacies to charitable purposes and to pay annuities should
be paid, but not from the proceeds of the personal property which she
owned in her own right, and specifically appropriated. 2. That the will
was an execution of the power, and it appointed the whole fund to her
executors.](ViewImageLocal?handle=hein.slavery/ussccases0440&div=1&collection=&method=preview&ext=.png&size=3)