ENSherrod v. Sherrod's Administrators
Metadata
Case Number: 4105
Location: SC00265
Court Term: 1863 January
Catalog Record: http://archives-alabama-primo.hosted.exlibrisgroup.com/01ALABAMA:default_scope:01ALABAMA_ALMA215682820002743
Collection Creator: Alabama. Supreme Court
Decision Date: 1863-01-06
Description: This case was originally heard by the Supreme Court in 1858 (affirmed on April 13), and a rehearing was granted on January 4, 1860. In the manuscript records, the estate administrator’s surname is spelled "Shackleford" (instead of "Shackelford," as in the published report). The case is summarized in Alabama Reports, volume 38, pages 537 through 566, and includes both the 1858 and the 1863 judgments. Excerpt from the report: Appeal from the Chancery Court of Lawrence. Heard before the Hon. John Foster. The bill in this case was filed on the 25th January, 1851, by W. W. Watkins, as the sole surviving executor of the last will and testament of Benjamin Sherrod, deceased, against the legatees, devisees, and heirs at-law of said testator, asking a judicial construction of the will, and the administration and settlement of the estate under the directions of the court; and an amended bill and bill of revivor was afterwards filed in the names of Samuel W. Shackelford and Charles F. Sherrod, as administrators de.bonis non, with the will annexed of said testator. The testator died in February, 1847, having executed and published his last will and testament, which was duly admitted to probate after his death, and which contained a clause in the following words: "I will and bequeath to my grand-son, William S. Swoope, three thousand dollars, which I placed in the hands of his father at the time of his birth, to be kept at interest until lie arrives at the age of twenty-one years, and then invested in land for his benefit; also, the Following negroes," specifying them by name. "I hereby appoint my son, F. O. A. Sherrod, as trustee to take charge of the above-named negroes, and their future increase, at the division of my estate, and to employ them as he may think best, until the executors of Jacob K. Swoope shall provide a plantation on which to work them; and my said son Frederick shall be entitled, during the time he has the negroes, to one half of the clear profits of their labor. I also will and bequeath to my said grand-son my old lot of sterling plate. But, if said grand-son should die, leaving a wife, but no child, nor the descendants of any child, in that case it is my will, that his wife shall take the interest in the estate devised to him by me, to which the laws of Alabama would entitle her if he was seized and possessed of the same in fee-simple; and the balance of said estate I will to be equally divided between my three eldest sons, or their families; the children of such of my said sons as may depart this life previously, or the descendants of such children, taking the share to which the deceased parent would have been entitled." The testator had been twice married. By his first wife he had four children namely, Felix A. M., Frederick O. A., and Samuel W. Sherrod, and Mrs. Swoope, the mother of William S. Swoope above named. By his second wife, who survived him, he had three children, all of whom1 were living at the time of his death. Felix A. M. Sherrod died before the execution of the testator's will, leaving several infant children. Frederick 0. A. Sherrod and Samuel W. Sherrod survived the testator, but died before the bill in this case was filed, each leaving several infant children. William S. Swoope, who is named, in the clause above copied, survived the testator, but died before the filing of the bill, intestate, under the age of twenty one years, and without wife or child. The chancellor held, that the entire interest in the property bequeathed to William S. Swoope, under the above clause of the will, vested in him, and passed to his administrator on his death; and this part of his decree is here assigned as error by the children of the testator's three eldest sons above named.
Division: 5th Division
Language: English
Repository: Alabama Department of Archives and History, 624 Washington Avenue, Montgomery, Alabama 36130
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Collection Title: Alabama Supreme Court case files
Subject - Topics: African Americans; Estates (Law); Guardian and ward; Inheritance and succession; Real property; Slavery; Trusts and trustees
Subject - Places: Lawrence County (Ala.)
Subject - People: Nelson, Owen O.; Shackelford, Samuel W.; Sherrod, Benjamin; Sherrod, Charles F.; Sherrod, Felix A. M.; Sherrod, Frederick O. A.; Sherrod, Samuel W.; Sherrod, Susan Adeline; Sherrod, Tabitha; Sherrod, William Crawford; Swoope, Jacob K.; Swoope, William S.; Watkins, W. W.
Time Period: 1860-1869
Case: Sherrod v. Sherrod's Administrators
Repository: Alabama Department of Archives and History
Source: From: Sherrod v. Sherrod's Administrators
