Lockhart v. . Lockhart
Supreme Court of North Carolina
PetitxoN to rehear a cause. The petition was to rehear the cause for the purpose of modifying a decree which was made erroneously at the Spring Term, 1856, of the Court of Equity of NgKtfaaaopton. county.
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PetitxoN to rehear a cause. The petition was to rehear the cause for the purpose of modifying a decree which was made erroneously at the Spring Term, 1856, of the Court of Equity of NgKtfaaaopton. county. The primary object of the bill uto have a partition of certain slaves bequea$m&Ko the plaiimff and to defendant Benjamin F. Lockhart^aua thexhiM^i^Vil^ Joseph J. Lockhart, by the will of SaralML^SÍtaia;' and a decree to that effect was passed by Judge Person a1^l|g'£$$rijfg Term, 1856, wherein it was adjudged anaWleJa^^l, thatjh® children of Joseph J. Lockhart, were entitledsdaJAlsi^ne said…
1Opinion of the Court
PeaésoN, J.
In Bivens v. Phifer, 2 Jones’ Rep. 436, some pains are taken to collate the cases upon the subject of taking “per capita" and “per simpes.” The general rule is admitted to be that legatees taka per capita. But an exception is made “if there be any thing in the will indicative of an intention that they shall take as families.” "When such an intention is indicated as to all or a part of the legatees, the division will be peer sUrpes. Por reasons there given, the case was held to fall under the exception. So, Lowe v. Carter, 2 Jones’ Eq. Rep. 377, is held to fall under the exeeption.…
2Cited by8 opinions
- Wachovia Bank & Trust Co. v. GreenSupreme Court of North Carolina · 1954
- Taylor v. . TaylorSupreme Court of North Carolina · 1917
- Fowler v. WhelanSupreme Court of New Hampshire · 1928
- Dunshee v. DunsheeIllinois Supreme Court · 1911
- Central Carolina Bank & Trust Company v. BassSupreme Court of North Carolina · 1965
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