Legal Opinion

Den on the Demise of Arrington v. Alston

Supreme Court of North Carolina

Decided July 5, 1818PublishedCited by 3 opinions

¡>From Nash. This was a case argued, in which the material facts are as follow Micajah Thomas having three illegitimate children by Ann Jackson, to wit, Mourning, Margaret and Temperance, made his will in the year 1788, and (herein devised “ to his daughter Mourning, all that part of his Manor Plantation,&c. containing 2500 acres; also another tract &c.” And to his daughter Margaret oilier lands in fee-simple ; and to his (laughter Temperance, other Iatids¡iu fee-simple.

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¡>From Nash. This was a case argued, in which the material facts are as follow Micajah Thomas having three illegitimate children by Ann Jackson, to wit, Mourning, Margaret and Temperance, made his will in the year 1788, and (herein devised “ to his daughter Mourning, all that part of his Manor Plantation,&c. containing 2500 acres; also another tract &c.” And to his daughter Margaret oilier lands in fee-simple ; and to his (laughter Temperance, other Iatids¡iu fee-simple. He then declared, that if “ either ofhis said daughters should die before they marry “ the lands of the deceased shall go…

1Opinion of the CourtSeaweiu, Judge

By the first clause of this will, the testator devises th his daughters several tracts of land, and provides in the same clause, that if either of them should die before marriage, the lands devised to such one so dying, should go to the survivor; and in case they should all die before marriage, the lands so devised should go to the Boddies and Crudups. By the latter clause, the testator devises to his same daughters a number of slaves, together with other specified personal estate, and then adds a general sweeping clause, of all the rest and residue of his estate, both real, personal and…

2Cited by3 opinions

  1. Rogerson v. Lumber Co.Supreme Court of North Carolina · 1904
  2. Turner v. . WhittedSupreme Court of North Carolina · 1823
  3. Harris v. . MillsSupreme Court of North Carolina · 1814

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