The rules of the ancient common law, respecting personal goods and chattels have been disregarded, and a man by deed or will may dispose of the rise of his books or furniture to one man, and the remainder over to another, and the remainder will be good. 2 Blac. 398. And of course, he may in like manner dispose of any part of the increase of his personal estate, but not in such manner as to create a perpetuity. The Plaintiffs are entitled to recover the negro slave in question.
Executors of Mullington v. Shipman, 1 N.C. 113, 1 Cam. & Nor. 113 (1800)
June 1800
·
North Carolina Court of Conference
1 N.C. 113, 1 Cam. & Nor. 113
The Executors of Richard Mullington versus James Shipman.
This was an action of detinue brought in Wilmington Superior Court of Law, to recover a Negro Slave named Amy Richard Mullington, on the 13th day of May, 1776, made and duly published his last will and testament in writing, and among other things, devised as follows ;
" I give and bequeath to my grand daughter Lucy Lewis, one negro wench named Moll, that is to say, the said wench only, the children of her body to be disposed of or given, as hereafter mentioned or directed, the said wench to her, her husband of assigns forever.
" Item, I will and desire that the children, which shall or may be born of the aforesaid negro wench Moll, bequeathed to my grand-daughter Lucy Lewis, be delivered to the young childrens according to their birth-rights, beginning with Aaron, then Moses, so down to the youngest;” and appointed the present Plaintiff, Josiah Lewis, his Executor.
*114The Jury found the foregoing devises; that Ri-chard Mullington died in November, 1776; that Lucy Lewis, the legatee in the will mentioned, was married to the Defendant on the 10th February, 1779; that the negro girl Amy, in the declaration mentioned, is the child and natural issue and increase of said Negro Moll; that she was born after the decease of the testator, and after the said Negro Moll was delivered to the Defendant, to wit, on the first day of March, 1779; that the Defendant is husband to Lucy Lewis in the said will named; that the Executor of said will assented to said legacy to Defendant’s wife, and that negro Amy was in the possession of the Defendant on the roth day of May, 1787, and was at that time demanded by the Plaintiff, Executor of said will; that the Defendant Shipman refused to deliver her up, and that she is on the value of 250l. and that Aaron Lewis and Moses Lewis, the legatees, are also living. Whether the law be for the Plaintiff or Defendant, the Jury are ignorant, and pray the advice of the Court. If it be for the Plaintiff, they find, &c. if for the Defendant, they find, &c.