Love v. Love's Adm'Or
Supreme Court of North Carolina
This cause was transmitted to the Supreme Court, by consent, from the Court of Equity of Richmond county, at •Fall Term, 1843. The following facts appeared from the pleadings and proofs. In the year 1792, William Love the elder, died, having made his will, and bequeathed to his wife Mary for lile four slaves, therein named, with remainder after her death to her four children, William, Ann, Richmond and the present plaintiff, Erasmus Love. Ann Love married Peter II.
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This cause was transmitted to the Supreme Court, by consent, from the Court of Equity of Richmond county, at •Fall Term, 1843. The following facts appeared from the pleadings and proofs. In the year 1792, William Love the elder, died, having made his will, and bequeathed to his wife Mary for lile four slaves, therein named, with remainder after her death to her four children, William, Ann, Richmond and the present plaintiff, Erasmus Love. Ann Love married Peter II. Cole and died before 1810, leaving her husband her, and also three children, namely, Ann Jennings, William L. Cole, and Mary, the…
1Opinion of the CourtRuffin, C. J.
Upon the pleadings there are two material questions, on which the parties desire the judgment of the court. The first is, what slaves are subject to the division that is sought? And the second is, whether the plaintiff is entitled, as the assignee of his mother, to her share of those negroes that may be allotted as the portion of her son, Richmond? As to the first point, it is to be observed that all the slaves bequeathed to the widow for life, and their increase are of course now to be divided, unless there has already been a division of some of them; and that the division now to be made is,…
2Cited by3 opinions
- Collier v. . Paper CorporationSupreme Court of North Carolina · 1916
- Filhour v. . GibsonSupreme Court of North Carolina · 1847
- Vick v. . WootenSupreme Court of North Carolina · 1916