{
  "id": 11276947,
  "name": "Jesse Powell, et. al. v. Lemuel Cook",
  "name_abbreviation": "Powell v. Cook",
  "decision_date": "1834-06",
  "docket_number": "",
  "first_page": "499",
  "last_page": "500",
  "citations": [
    {
      "type": "nominative",
      "cite": "4 Dev. 499"
    },
    {
      "type": "official",
      "cite": "15 N.C. 499"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T18:49:44.411836+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Jesse Powell, et. al. v. Lemuel Cook."
    ],
    "opinions": [
      {
        "text": "DaNiex, Judge.\nAs the will did not begin to operate until the death of the testator, no right to the slavo Ferebe was vested in Amelia Cook, until that time. The slave Ferebe only, and not her children born between the date of the will and the death of the testator, passed Id Amelia Cook for her life, (Jones v Jones, Con.Rep.310.) The subsequent words made use of by the testator in Hie same clause of the will which gives the slave Ferebe, to Amelia Cook for life, which words are as follows :\u2014 And after her (Amelia Cook's) death, I give the said negro girl Ferebe, and her increase to Pollij Marrit, &c.\u201d \u2014 do not, by necessary implication or intendment, carry the increase of Ferebe as well as herself to Amelia Cook for life. To say they did, would, in our opinion be adding words to the will, rather than construing it, which we have no power to do.\nWe think that the judgment of the Superior Court must be reversed, and that judgment must be rendered for the plaintiffs.\nPer Curiam. \u2014 Jubgmewt reversed-.",
        "type": "majority",
        "author": "DaNiex, Judge."
      }
    ],
    "attorneys": [
      "W. II. Haywood for the \u2019plaintiffs.",
      "Badger for the defendant."
    ],
    "corrections": "",
    "head_matter": "Jesse Powell, et. al. v. Lemuel Cook.\nWhore one put a ibmato slate in the possession of another, and by his will subsequently made, bequeathed that slave to the same person for life, and proceeded, \u201cafter her death I give the some slave, and her increase to\u201d &c,. Held, that issue of the slave bom between the date of the will, and the death of the testator, did not pass to the legatee for lifei The ease of Jones v Jones, (Conf. Rep. 310, J approved.\nDetinue fot-' a male slave, named Willis.\nThe case was submitted to Mahtin Judge, at Wake, on tire last Fall circuit, on the following facts.\nDempsey Poxvell in the year 1818, put into Hie possession of Jhnelia Cook, the wife of the defendant, a negro girl pained Ferebe, who continued in the possession of the plaintiff during the life of Powell, the defendants usjng her and her issue, as their own. Dempsey Poxvell by his will bequeathed as follows : \u201c I lend unto Ame-\u201cUa Cook, (half sister of my wife,) during her life time, \u201c one negro girl named Ferebe, now in her possession, \u201cand after her death, I give the said negro girl, and \u201cher increase to Polly Merril,\u201d and thereof he appointed the plaintiffs- executors. After the making of the will, and before the death of the testator, Ferebe had issue the slave- Willis, claimed in the writ. Jhnelia Cook was still alive, and if the issue of Ferebe did not puss to her for life, then judgment was to entered for the plaintiff \u2014 otherwise for the defendant.\nHis Honor being of opinion for the defendant, judgment was entered accordingly, and the plaintiffs appealed.\nW. II. Haywood for the \u2019plaintiffs.\nBadger for the defendant."
  },
  "file_name": "0499-01",
  "first_page_order": 508,
  "last_page_order": 509
}