Carroll v. . Hancock
Supreme Court of North Carolina
This was a petition for the partition of slaves, heard before his Honor, Judge Person, at the Spring Term, 1856, of Pitt Superior Court.
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This was a petition for the partition of slaves, heard before his Honor, Judge Person, at the Spring Term, 1856, of Pitt Superior Court. William Haddock died in 1821,. having made his will, in which he bequeathed as follows: “ Item, I lend to my beloved wife, Martha Haddock, my dwelling-house and plantation whereon I now live, and three feather-beds and furniture; also the rest of my household furniture; also one negro woman named Ghane, and one boy named Moses, and all my stock of cattle and hogs during her natural life; and also my will and desire is, that after the death of my wife, for…
1Opinion of the CourtPearson, J.
A negro woman is bequeathed to A for life, and then to B, and her heirs for forever. The “ increase” of the woman, “ if she has any,” is bequeathed to the daughters of B, after her death. The woman has six children after the death of the testator *, A dies, and B dies, leaving her surviving six daughters; one of them dies, her administrator claims to be tenant in common with, the other five, and prays for partition.
There can be no doubt that the testator, after giying the woman absolutely to B, had a right to dispose of her children then unborn. Pearson v. Taylor, 4 Dev. and Bat. 60; Nelson…
Also in this document: Per curiam.
2Cited by3 opinions
- Wise v. Leonhardt.Supreme Court of North Carolina · 1901
- Sawyer Ex Rel. Spence v. ToxeySupreme Court of North Carolina · 1927
- Pearson v. . TaylorSupreme Court of North Carolina · 1838