Britton v. . Miller and Others
Supreme Court of North Carolina
Bill, transferred to this Court from Spring Term 1868, of the Court of Equity for Bertie. The bill was filed by the plaintiff in his own right, and also as executor of Margaret S. Britton deceased, as administrator of his deceased daughter Rosa Mary, and also as next friend of his infant daughter Margaret; against Margaret, Isabella and William Miller; and William R. Miller as administrator of Fanny Miller deceased.
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Bill, transferred to this Court from Spring Term 1868, of the Court of Equity for Bertie. The bill was filed by the plaintiff in his own right, and also as executor of Margaret S. Britton deceased, as administrator of his deceased daughter Rosa Mary, and also as next friend of his infant daughter Margaret; against Margaret, Isabella and William Miller; and William R. Miller as administrator of Fanny Miller deceased. It set forth that one Aaron J. Spivey bad died in 1854r leaving a will, by which among other things he devised certain real and personal estate to his wife for life, and then to…
1Opinion of the CourtReade, J.
I. Under tbe 2nd clause of Margaret S. Brit-ton’s will, tbe children of Stephen W. Britton and Mary E. Miller take per capita. The .general rule is that in such bequests they take per capita, unless there is something in the will to show the contrary. Cheepes et. al. v. Bell et. al., 1 Jon. Eq. 234.
II. Is the estate of Margaret S. Britton which she had in possession, and that which she had in remainder, to be divided among the same persons ? No! The property in possession is to be divided among those who answered the description at the time of her death; and the property in remainder is to be…
2Cited by10 opinions
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- Burton v. . CahillSupreme Court of North Carolina · 1926
- Wachovia Bank & Trust Co. v. StevensonSupreme Court of North Carolina · 1928
- Wooten v. . OutlandSupreme Court of North Carolina · 1946
- Doerner v. DoernerSupreme Court of Missouri · 1901
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