Harris v. . Delamar
Supreme Court of North Carolina
This cause was transmitted from Craven Court of Equity, at the Spring Term, 1844, by consent of parties, to the Supreme Court. The following are the facts, appearing from the pleadings and proofs : The plaintiffs are the four infant children of Gatsey Harris, deceased, and sue by their father, Lovick Harris, as their next friend.
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This cause was transmitted from Craven Court of Equity, at the Spring Term, 1844, by consent of parties, to the Supreme Court. The following are the facts, appearing from the pleadings and proofs : The plaintiffs are the four infant children of Gatsey Harris, deceased, and sue by their father, Lovick Harris, as their next friend. The bill states, that some time after the marriage of Lovick Harris and his wife Gatsey, her father, Smith Delamar, wishing to make a provision for his daughter and her husband, and such children as they might have, made a deed of gift for a negro woman named…
1Opinion of the CourtRuffin, C. J.
There could hardly be a more useless litigation than the present, since, by the deed, as the bill would set it up, and by the will, the plaintiffs get nearly the same thing: the only difference being, that the profits for a period are devoted to the education of the two younger of them, and then the negroes and their increase to be equally divided between those then living. There is no intimation, that there ■is a deficiency of other assets of the grand-father to answer his debts. It seems, therefore, essentially, to be the bill of the father, and to be brought for the mere purpose of getting…
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