Parish, Adm'r. v. . Merritt
Supreme Court of North Carolina
This was an action of detinue, tried before his Honor Judge Ellis, at the Eall Term, 1855, of Sampson Superior Court. The questions presented in this case arise upon the construction of the deed of gift from Daniel Merritt to Catharine Merritt, which is set out at length in the case preceding this, against the same defendant. The suit is brought by the administrator of the donor against the widow of the donor to compel her to surrender the slaves.
Read the full summary
This was an action of detinue, tried before his Honor Judge Ellis, at the Eall Term, 1855, of Sampson Superior Court. The questions presented in this case arise upon the construction of the deed of gift from Daniel Merritt to Catharine Merritt, which is set out at length in the case preceding this, against the same defendant. The suit is brought by the administrator of the donor against the widow of the donor to compel her to surrender the slaves. It was contended on behalf of the plaintiff, that the reservation of the life estate to the wife, was a reservation to himself of the property, for…
1Opinion of the CourtPearson, J.
The estates reserved to the donor and his wife are “good and effectual in law,” hy force of the Act of 1823, Rev. Stat. cli. 37, sec. 22. So, our question is one of construefrion: what estate vested in the wife according to the legal effect of the deed %
We think it clear that the intention of the donor was to make a substantive gift to his wife, and the introduction of her name was not intended as a word of limitation, but to. designate her as one of the objects of bounty, and to give her the ownership of the slaves during her life-time ; which gift or bounty, of course, would not take effect…
Also in this document: Per curiam.
2Cited by1 opinion
- Garner v. . GarnerSupreme Court of North Carolina · 1852