53 Ga. 302 | Ga. | 1874
This was a bill filed by the complainants against the defendant, to obtain the possession of certain described property mentioned therein, on the ground that the will of Thomas Tudor, under which the defendant claims the property, is void; that it was the intention of the testator in giving the property to Tillery, the devisee and legatee named in his will, to confer freedom on certain negro slaves, in violation of the then existing laws of this state. The date of the will does not appear, but must have been executed prior to his death, which is alleged to have taken place in January, 1864. It appears from complainants’ bill, that the will of Tudor was duly admitted to probate, and that Tillery was duly qualified as executor. The defendant demurred to complainants’ bill on the ground that the superior court had no jurisdiction to set aside and declare void the will of Thomas Tudor, or any part thereof, which demurrer was sustained by the court, and complainants excepted. The act of 1818, amendatory of the act of 1801, inhibits the recording of so much of. any instrument as relates to the manumitting or setting free of any slave or slaves, and that includes the court of ordinary. The
Let the judgment of the court below be affirmed.