Legal Opinion

Waller v. Forsythe

Supreme Court of North Carolina

Decided January 15, 1868PublishedCited by 5 opinions

Bill for an account and settlement of an estate &c., filed to Fall Term 1860 of the Court of Equity for Granville, and at Fall Term 1867 transmitted upon the pleadings to this Court.

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Bill for an account and settlement of an estate &c., filed to Fall Term 1860 of the Court of Equity for Granville, and at Fall Term 1867 transmitted upon the pleadings to this Court. The only question made was upon the construction of a clause in the will of the testator of the defendant, which was as follows: “I give and bequeath to my beloved son William one dollar; to my son James’ heirs one dollar; to my son Samuel one dollar; to my son John one dollar; to my son Thomas one dollar; to my son Philip one dollar; to my daughter Nancy Waller, three negroes Tony, Gillis, and Horace, and eighty…

1Opinion of the Court

Pearson, O. J.

The division must be per capita. Each of the children of Nancy take a share equal to the shares of John and William, the sons of the testator. This is the general rule, which has been acted upon by the courts, and in our case there is nothing special to take it out of the general rule.

There will be a decree according to this opinion; costs to be paid out of the fund.

2Per curiam

Decree accordingly.

3Cited by5 opinions

  1. Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
  2. Culp v. . LeeSupreme Court of North Carolina · 1891
  3. Wooten v. . OutlandSupreme Court of North Carolina · 1946
  4. Tillman v. . O'BriantSupreme Court of North Carolina · 1942
  5. Coppedge v. CoppedgeSupreme Court of North Carolina · 1951

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