Crump v. . Faucett
Supreme Court of North Carolina
Civil actioN, in the nature of a special proceeding for partition, heard before his Honor, Judge Tourgee, at Chambers in Ciia'iham county, loth of November, 1873. The proceedings were instituted in the Court of Probate, from whence it was carried by appeal by defendants to 1ns Honor at Chambers, who affirmed the judgment of the Probate Judge. From this judgment defendants again appealed.
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Civil actioN, in the nature of a special proceeding for partition, heard before his Honor, Judge Tourgee, at Chambers in Ciia'iham county, loth of November, 1873. The proceedings were instituted in the Court of Probate, from whence it was carried by appeal by defendants to 1ns Honor at Chambers, who affirmed the judgment of the Probate Judge. From this judgment defendants again appealed. The facts pertinent to the points decided are fully set forth in the opinion of the Court.
1Opinion of the Court
BxNüm, J.
William Crump died intestate in 1873, seized and possessed of real and personal estate, leaving him surviving three grand-children by a son Joseph, and five grandchildren by a daughter Lucinda, both of whom died before their father. Do these grand-children inherit per stirpes or 2>er capita, is the question.
This depends on the proper construction of the third rule of Descent, Bat. Rev., ch. 36, rule 3 : “ The lineal descend-
ants of any person deceased shall represent their ancestor, and stand in the same place as the person himself would have done had he been living.”
In 1 Kent, 379,…
2Cases cited1 opinion
- Duncan Cromartie v. . A. S. KempSupreme Court of North Carolina · 1872
3Cited by3 opinions
- Draper v. . BradleySupreme Court of North Carolina · 1900
- Haynes v. . JohnsonSupreme Court of North Carolina · 1859
- House v. WhiteCourt of Appeals of North Carolina · 1978