No trustee is appointed for Amos L. Dell. He was to be paid at 21; the legal estate vested in him.
[7[th] Cowan, 187.
[Fletcher on Trustees, 12.
[Hill on Trustees, 63.
A proviso to an absolute bequest, such as that the first taker shall not alien, or that estate shall not be subject to his debts, is void.
[Brandon vs. Robinson, 18 Vesey, 429.
[Bradley vs. Pixoto, 3 Ves. 324.
The court having taken jurisdiction of the case, should dispose of it as a whole, and should not refer back the question as a legal one; because a legal remedy exists in reference to the five negroes in possession of Amos L. Dell at date of the will, at testator's death.
[Carter vs. Bennett, 6[th] Fla. Rep., 243.
[Thompson's Digest, 192.
If the five slaves were not a gift, then they were an advancement; and the defendant is bound to return them, with an account of their hires.
Advancements are gifts of personalty for the preferment and settling of children, remaining in child's possession at death of father.
While child remains with father, gift does not take effect; but a removal of self and slaves makes it operative. Value at time of delivery.
[Meadows vs. Meadows, 11[th] Ire., 148 N.C.
Admitted in answer , negroes were given to all; but alleged it was by bill of sale. None filed: answer excepted to, therefore, but never amended; hence all are on equal footing.
Feb. 5[th], 1861
SMITH & IVES,
BANKS & McLEOD.