Gillespie v. . Foy
Supreme Court of North Carolina
Cause removed from the Court of Equity of Rockingham County, at the Fall Term 1848. George Webster purchased a tract of land in fee, and died intestate in September, 1846, leaving two infant children, Mary E. Webster and John F. Webster, to whom the land descended from him. Afterwards Mary E. died, and her share of the land descended to her brother.
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Cause removed from the Court of Equity of Rockingham County, at the Fall Term 1848. George Webster purchased a tract of land in fee, and died intestate in September, 1846, leaving two infant children, Mary E. Webster and John F. Webster, to whom the land descended from him. Afterwards Mary E. died, and her share of the land descended to her brother. On the petition of John Foy, the guardian and maternal grandfather of John F. Webster, the land was sold by a decree of the Court of Equity and the proceeds came into the hands of the guardian. John F. Webster was also entitled to a considerable…
1Opinion of the CourtRuffin, C. J.
As the land descended to the propositus from bis father and from his sister, who derived her share by descent from the father, it would, if not sold, have descended from John F. Webster to the plaintiff, under the 4th canon of descents, as the only sister of his father and the nearest relation of the propositus ex parte paterna, except the grandmother, who is not within the' proviso to the 6th rule. Wilkerson v. Brackett, 2 Ire. 315. Then, by the Act of 1827, Rev. St. Ch. 55, Sec. 27, the money, into which the land was converted, goes, as the land itself would, had it not been sold ; for the…
Also in this document: Per curiam.
2Cited by7 opinions
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- State Ex Rel. Allison v. RobinsonSupreme Court of North Carolina · 1878
- Wells v. . WellsSupreme Court of North Carolina · 1912
- Brown v. CowperSupreme Court of North Carolina · 1957
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