Johnson v. . Johnson
Supreme Court of North Carolina
Cause transmitted from the Court of Equity of Warren County, at the Fall Term, 1844, to the'Supreme Court. The facts are thus disclosed by the pleadings: Sterling Johnson was twice married. By his first marriage he had the following children, Anthony M. Johnson, John P. Johnson, Willis Johnson, and Littleberry Johnson.
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Cause transmitted from the Court of Equity of Warren County, at the Fall Term, 1844, to the'Supreme Court. The facts are thus disclosed by the pleadings: Sterling Johnson was twice married. By his first marriage he had the following children, Anthony M. Johnson, John P. Johnson, Willis Johnson, and Littleberry Johnson. The two' former survived their father; but the two latter died before him, and before the making of his will, as hereafter mentioned, each of them leaving several children. By his second marriage, he had seven children ; one of whom died before her father, and before the making…
1Opinion of the CourtRuffin, C. J.
The plaintiffs will, of course, have decrees respectively for their several particular legacies, according to the submission in the answer of the executors.
The questions respecting the legacies given to Francis M. will be better understood by confiningour view to one of those legacies at a time.
The gift of one-seventh part of <! all the balance of my negroes and stock,” is, undoubtedly, specific. Everett v. Lane, 2 Ired. Eq. 548. Perry v. Maxwell, 2 Dev. Eq. 488. That legacy, and the pecuniary one of $250, did not, by lapsing by the death of the donee, beome undisposed of, but fell into the…
2Cited by5 opinions
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- Daniel v. . BassSupreme Court of North Carolina · 1927
- Wooten v. . HobbsSupreme Court of North Carolina · 1915
- Stevenson v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1932