Headen v. . Headen
Supreme Court of North Carolina
Cause removed from the Court of Equity of Chatham County, at the Fall Term 1850. Upon the pleadings the case is this : Aaron Headen died intestate in 1848, leaving a widow and six children surviving him, namely, John, Susan, Rachel, Temperance, Elizabeth and Dolly. . He had three other children who died in his life time, namely, Sarah, Mary, and Rebecca. Sarah married one Brooks, and had five children, viz.: Elizabeth, Sarah, Jane, Thomas, and Susan.
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Cause removed from the Court of Equity of Chatham County, at the Fall Term 1850. Upon the pleadings the case is this : Aaron Headen died intestate in 1848, leaving a widow and six children surviving him, namely, John, Susan, Rachel, Temperance, Elizabeth and Dolly. . He had three other children who died in his life time, namely, Sarah, Mary, and Rebecca. Sarah married one Brooks, and had five children, viz.: Elizabeth, Sarah, Jane, Thomas, and Susan. Mary also married and had one daughter, Elizabeth Fooshee ; and Rebecca married one Adams, and had three chiídren,viz : Agnes, James, and John;…
1Opinion of the CourtRuffin, C. J.
One of the points stated is, whether the slaves, which were conveyed to the respective grand* children, and had been in the possession of their mothers, are to be brought into hotchpot as advancements, either to the grand children or the mothers. They are not.— The grand-children are not entitled to a distributive share in their own rights, but as representing the respective mothers. They are therefore bound to bring in the gifts to their parents, but not those to themselves. There was no effectual gift of these slaves to the mothers, according to the Act of 1806 ; but they were conveyed…
2Cited by4 opinions
- King v. NeeseSupreme Court of North Carolina · 1951
- Atkinson v. BennettSupreme Court of North Carolina · 1955
- Parker v. . EasonSupreme Court of North Carolina · 1938
- Davis v. . DukeSupreme Court of North Carolina · 1801