Cases On Domestic Relations; Leading And Select Cases On the Disabilities Incident to Infancy And Coverture

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reports of Judge Brevard, in 2 Nott & McCord, 151, the facts were as follows: The mother of Geiger's wife, while sole, made and executed a deed of gift of certain negroes to her four children jointly. Afterwards, one of these children married Geiger, the intestate. On the marriage, one of the negroes given as aforesaid was sent with her on her going to live apart from her mother, and remained with her ever since. No regular parti- tion was ever made of the property between the donees. After the... death of Geiger, his widow intermarried with the other defendant, and they jointly administered on his estate, and in the inventory returned to the ordinary made no mention of the negroes given as aforesaid. The question was whether this omission was a breach of the condition of the administration bond. The Court were all clear that a right of possession vested instantly on the execution of the deed of gift, and that the female defendant was entitled, as a joint lineal, to the property given; and therefore that, on her intermar- riage with Geiger, the property and right of possession which she had, vested in him and became a part of his personal estate, and ought to have been re- turned as such in the inventory.

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