Berry v. Alsop

Citations

• 45 Miss. 1

Syllabus

<p>1. Slaves—emancipation—removal to another state—capable op taking property here. —The owner of slaves in this state might voluntarily take them to a state which did not tolerate slavery, and there emancipate and leave them, and this contravened neither the law nor policy of this state, but conferred freedom on the slave; and persons thus emancipated, and resident in a state where slavery did not exist, are capable of taking real and personal property here, and may prefer and vindicate their rights in the courts of this state.</p> <p>2. Same — case under consideration.—The testator resided for many years in Mississippi, where he acquired considerable estate, real and personal, and then removed to Kentucky, and died there. While a resident of this state he carried several of his slaves from this state to the state of Ohio, where he manumitted and left them. By his will he directed a considerable portion of his estate in Mississippi to be converted into money, to be invested in lands in Ohio, to be conveyed to the persons emancipated: Held, that these persons were competent to take under the will, and wei'e necessary parties to the proceeding in the probate court for the final settlement of the estate of the testator.</p> <p>3. Cases cited and disapproved.—The cases of Mitchell v. Wells, 37 Miss. 235, and Heirn v. Bridault, ib. 209, are cited and disapproved.</p>