Citation Numbers: 40 Tenn. 698
Judges: McKinney
Filed Date: 12/15/1859
Status: Precedential
Modified Date: 7/30/2022
delivered the opinion of the. Court.
This bill was filed to recover the wife’s distributive share of certain slaves, alleged to have been the property of Banks B. Gover, the former husband of the complainant, Elizabeth. Said Gover died intestate, in Alabama, upwards of twenty years ago, leaving his widow (complainant Elizabeth) and two children, Anthony and Samuel Gover, surviving him. Anthony Gover died, intestate, and without issue, several years ago. Samuel Gover died in 1857.
On the deatli of Banks B. Gover, his father, Samuel Gover, became administrator of his estate. And with the money of the estate, he purchased a female slave named Evaline, for the benefit of the widow and children of his deceased son's estate. The administrator retained said slave in his possession, in Alabama, until the early part of the year 1854, during which time she gave birth to several children.' At the period stated, the slaves were brought to Tennessee, at the request of the administrator, by Samuel Gover, the surviving son of Banks B. Gover, who placed one of them in the possession of the complainants, and retained the others in his own possession up to the time of his death — a period of more than three years.
The proof sufficiently establishes, that said slaves were held by the administrator, as the property of the estate of Banks B.
The fact that the interest of the estate of Anthony Gover is not represented — no administrator having been appointed thereon — interposes no obstacle to the determination of the case.
The principle being established that, in the present state of the law, in case of a person dying intestate, the title to slaves passes directly to the distributees, subject to the trust in the personal representative, in behalf of the estate, and of creditors, it necessarily results, that, as between themselves, and as against all others, except creditors of the estate, the title of the distributees must be regarded as complete, without the assent of the administrator. Hence, it is clear that, on the
There is no error in the decree, and it will be affirmed.