Slavery in Kentucky 1792 1865 volume 1

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Slavery in Kentucky 1792 1865 volume 1
Ivan E Ivan Eugene Mcdougle
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This was accomplished by placing more stress on the proviso in the original slave code, which placed slaves in the hands of the administrator as assets for the payment of debts. This led to increasing power for the executor who could even defeat the title of the heirs, though the property may have been specifically devised. Hence it was not surprising that in the Eevised Statutes of 1852 it was provided that slaves should thereafter be deemed and held as personal estate. Coming after all doubt ...of the personalty of slaves had been removed by the decisions of the highest tribunal in the State, this law meant little more than the repeal of the old statute making slaves real estate.
The wonder is that Kentucky should have chosen to hold to an antiquated legal conception for fifty years after Vir- ginia had proved its fallacy by her experience in the eigh- teenth century. AVhile it did little harm, it had few ad- vantages. The existence of the theory was chiefly notice- able in the frequent legal battles over technicalities in the settlement of estates.


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