Hoover v. Brem

Citations

• 43 Miss. 603

Syllabus

<p>1. Lesaoy to Sdave — Effect oe Emancipation — 'Tbust.—Though, a legacy lo a slave may bave been invalid at the time of the death of the testator, because of the disability of the legatee, it may be valid as a trust in the hands of the executor for the benefit of the slave, and if it continue till the disability of slavery be removed, it shall then vest in the emancipated slave, and may be enforced and made effectual in his favor, according to the testator’s intention.</p> <p>2. Same — Auenation oe Trust by Trustee. — Semble: That if in such casejthe executor should alien the trust estate, it would still be chargeable in the hands of anythird person who should take it with notice of the fact.</p> <p>8. Same — Jurisdiction.—In such case if the executors remain in possession of the money the probate court [under the old judiciary system] had complete jurisdiction to order the payment of the legacy, with interest from the date of emancipation, and without the intervention of a court of equity.</p>