Ricks v. Williams
Supreme Court of North Carolina
IN EQUITY. From Nash. Howland Williams, by his will, after sundry specific legacies, devised all the residue of Isis estate to be sold, ** and the money to he divided equally, between my son Pilgrim L. Williams, and my daughters Diana, Charity and Elizabeth, and the lawful begotten heirs of the body of my daughter Prisálla.”
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IN EQUITY. From Nash. Howland Williams, by his will, after sundry specific legacies, devised all the residue of Isis estate to be sold, ** and the money to he divided equally, between my son Pilgrim L. Williams, and my daughters Diana, Charity and Elizabeth, and the lawful begotten heirs of the body of my daughter Prisálla.” The Plaintiff Milberry is the daughter, and the Plaintiffs Thomas and Teakle, the grandsons of Priscilla, and claim to have the residue divided into seven equal parts. On the Spring Circuit of 1821, his honor Judge Mash by an interlocutory decree, directed tiie residue to…
1Opinion of the Court
The Court held this case under advisement until this term, when their opinion was delivered by
Henderson, Judge:
I think in principle, this question was decided at the last term, in the case of Whitfield’s will, (4 Hawks 393,) for if “ heirs,” when applied to personal property, mean those who are called by law to succeed to the dead man_ they bring with them their representative and collective character — and however the property may be divided among themselves, as individuals composing a body, yet as to others, they are an unit, and make but one person, the representative of their ancestor or…
2Cited by2 opinions
- Farley v. FarleyTennessee Supreme Court · 1908
- Wilcox's Executors v. M'Lain's ExecutorsSuperior Court of North Carolina · 1802