Gregory v. . Gregory
Supreme Court of North Carolina
Civil action, petition for partition, to the Probate Court of Pasquotank county, submitted to Albertson, J., and by him determined, 14th day of January, 1873, upon the following facts agreed: Ferebee Gregory died intestate, leaving three children, to-wit: Hosea Gregory, and the petitioners, John and Nancy. She left no estate except twelve and three-fourths acres of land upon which she resided, which land descended to her children.
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Civil action, petition for partition, to the Probate Court of Pasquotank county, submitted to Albertson, J., and by him determined, 14th day of January, 1873, upon the following facts agreed: Ferebee Gregory died intestate, leaving three children, to-wit: Hosea Gregory, and the petitioners, John and Nancy. She left no estate except twelve and three-fourths acres of land upon which she resided, which land descended to her children. Sometime after the death of liis mother, Hosea died in-, testate, leaving a widow, hut no children. At the time of death he was greatly in debt; he left no estate…
1Opinion of the CourtRodman, J.
The principles governing this case are plain and familiar; the only difficulty is in applying them to an unusual state of facts:
1. Upon the death of Hosea Gregory, his estate in one-undivided third of the land descended to his heirs — John and Nancy, the surviving co-tenants and the plaintiffs in this proceeding, who thus became sole seized. Their counsel contends that because the widow and administrator of Hosea had no estates in the land, the widow who united both characters in herself, was improperly made a party. He also-contends that inasmuch as the two plaintiffs were thus exclusively “…
2Cited by2 opinions
- Patillo v. . LytleSupreme Court of North Carolina · 1911
- Allard v. CarletonSupreme Court of New Hampshire · 1885