From Rutherford.
conveyed a neg-i-o slave to 31. upon condition that I!. was not té take the slave out of her possession, ol- deprive her of the use and benefit of the slave, until her death, or until she might see proper or fit to give up to him the slave. A. then married C. who placed the slave in the hands of 1). where he remained until C’s death. A. survived her husband, toolc possession of the slave and delivered him to 33. from whom he was taken by ' 13. brought trover for the slave. Held, that he could not recover, because the beneficial i interest for life in the slave, which A. retained, vested upon the marriage in her husband, and the right of assenting to the delivery of the slave to B. was in him during his life, and in his representatives after Ills death. A. had no right of assenting to the delivery.
Motion to set aside a nonsuit, and for a new trial, upon the following case. The Plaintiff brought an action of trover for a negro, the title of which lie founded on the following instrument of writing, executed by Elizabeth Black, then a widow and the mother of the Plaintiff. The paper was executed about an hour before her marriage with her second husband, Cox, by whom it was known and approved. The negro came into Cox’s possession, who died some years thereafter; but befare his *241death, the négro was placed in the Defendant’s possession, where he was at. the time of Cox’s death. Elizabeth, the widow of Cox, took possession of the negro, when sent on an errand by the Defendant, and delivered him id the Plaintiff, from whom he was taken away by the Defendant.
The following is a copy of the instrument of writing executed by Elizabeth Black to the Plaintiff:
Know all men by theáe presents, that I, Elizabeth Black, of the county of Lihcoln, and State of North-Carolina, for and in consideration of the sum of five shillings to me in hand paid by Joseph Black, hnd also the further consideration of the love and affection to my son^ the said Joseph Black, I do give, set over and deliver to the said Joseph Black, my’negro slave named Meny, about 30 years of age, five and one half feet high, well made and set, and very black ; which ■said man slave I do give and bestow unto the said Joseph Black, and warrant and defend the property thereof on the following terms an¡j conditions, to-wit: 1st, that although I do nowi for the consideration above mentioned, give and bestow, bargain and deliver unto my son Joseph Black, my said negro man slave named Meny, yet he is not to take him out of my possession, or deprive jne in any manner or sort, of the use and benefit of said negro,, until my death, or until I •see proper or fit to give him up or surrender him to the said Joseph. 2dly, that if the said Joseph should at any time get possession of the said negro, either by my consent or otherwise, that then and in that case, the use, benefit and labour of the said negro shah be due and owing to me, and to be disposed of at my will and pleasure.
her
ELIZABETH ¡*! BLACK, mark.
HewdeksoN, Judge,
delivered the opinion of the Court:
A beneficial interest in the negro in question, for the life of Elizabeth Black, is clearly reserved to her, in the deed making. part of this case. This interest became vested in Cox, her husband, as well as her right of assenting to the delivery to the Defendant. As it does not appear that Elizabeth is dead, the title which she had, still subsists in her husband’s representatives; and of course the Plaintiff has no title. The nonsuit must therefore remain.