Wilson V Wilson

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

DOWNLOAD NOW!

Download or read book North Carolina, Supreme Court, Raleigh written by and published by . This book was released on 1831 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his will, David Wilson left one third of the valuation of his slaves to his son Samuel Wilson, and a further third to the defendant Moses Wilson. The final third he placed in the hands of his executors for the support of my son Hugh L. Wilson, the plaintiff; he was to receive the interest annually, and after his death the principal was to be divided between Samuel and David Wilson's other children William and Polly. Moses was directed to take the slaves whose value was to support Hugh and to pay the sum to David's executors. Two executors were appointed, one of them Moses. After David's death the slaves were divided and two girls allotted to the maintenance of Hugh. The plaintiff's bill alleged that the other executor had renounced the office and so Moses now should hold the slaves in trust for the plaintiff, but that he had never paid any of the interest owing and, due to insolvency, had sold the slaves on for a nominal sum. The bill prayed for another trustee to be appointed and for Moses to be compelled to make an account of the slaves' profits. In his answer Moses stated that the two slaves allotted to Hugh's support (two girls of whom the eldest was five years old) were worth [dollars] 420 and one third of the all the slaves' value was only [dollars] 373.33. He insisted that he had only been responsible to Hugh for the interest on the latter sum and stated also that he had purchased Hugh's interest in this annuity in 1821 for [dollars] 107.50. The Supreme Court found that this purchase released Moses from the obligation to pay the annuity and dismissed the bill, though the plaintiff was not barred from bringing a new bill for the impeachment of the release if he so desired.