North Carolina, Supreme Court, Raleigh

Download or read book North Carolina, Supreme Court, Raleigh written by and published by . This book was released on 1859 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bill was filed against the defendant as the guardian of the plaintiff for an account and settlement of the sum owing to him under the will of his father, Joseph Branch. The will provided for the sale of lands in Tennessee and all other property except for the slaves and the contents of 5 trunks which were reserved for the children. The will included instructions for the education of his children and for the hiring out of slaves. It had a provision that stated I desire that such of my negroes, as may be necessary to wait on and attend to my children, go with them to North Carolina. I greatly desire that my negroes shall be humanely treated, and should prefer, if it can be done, that they be hired out, privately, to humane persons, even at a less price, and, if possible, in families together. His brother John Branch, Laurence O'Brian and Henry R W Hill were appointed as guardians, trustees and executors. The question debated by the court was whether the costs of educating and maintaining the children was to be a joint charge upon the aggregate profits of the estate or whether such support should come out of their separate share of the profits. The Supreme Court ruled in favour of the latter and made a decree for a full account of the sums concerned.