Samuel Nelson

“ The next objection is, that the complainant has shown no title to the slaves in question, upon the face of the bill.
Because the interest in the remainder did not vest in the intestate, the husband, before his death, so as to make the property a part of the assets of his estate, to be administered upon by his personal representative. He survived Elizabeth, his wife, the legatee in remainder, but died before the life-tenant, and therefore had not, and could not have, reduced the subject of the legacy into possession in his lifetime. ”

“ The bill was filed by the administrator of Thomas H. McClanahan against the defendants, to obtain possession of Lavinia, a slave, together with three children, Betsey, Polly, and Maria, and several grandchildren, which had been bequeathed by Elizabeth Edwards to Sarah Nutt, her daughter, for life, and after her decease to Elizabeth F. Nutt, a granddaughter, the wife of the complainant's intestate. Elizabeth, the granddaughter, died, leaving the intestate, her husband, surviving, who died also, leaving Sarah, the life-tenant, surviving. ”

“ As soon as a trust ceases, action accrues, and the statute begins to run. Green v. Johnson, 3 Gill & J. (Md.) , 389. Trover is barred after six years, though the plaintiff was ignorant of the conversion, the defendant not having committed any fraud to prevent the plaintiff's earlier knowledge. Granger v. George, 7 Dowl. & Ry., 729.
If an executor in trust for another neglects to bring his action within the time prescribed by the statute, the cestui que trust or residuary legatee will be barred. Wych v. East India Co., 3 P. Wms., 309.
The statute runs in favor of disseisors and tortfeasors. ”

“ The nearest approach to an express charge is in reference to Betsey, but the bill does not expressly aver that she is either claimed or possessed by Davis or Nutt; it is said that she and the children whom she is said to have had, since her sale to Coleman, are in possession of either the one or the other.
There is still more uncertainty as to the other slaves; even Lavinia is not averred to be claimed by either of the defendants, or to be in their possession. ”

“ The president (Pendleton) stated, that this was the constant decision of the old General Court from the year 1653 to the Revolution, and has since been confirmed in this court, in the cases of Sneed v. ”