Jones v. . Jones
Supreme Court of North Carolina
From Granville. This was a petition for distribution. The father of the parties, Petitioners and Defendants, in his lifetime, gave lands to part of his children, and died intestate in the year 1803, seised of real estate and possessed of personal property. It was referred to this Court to decide whether the lands so given should he brought into account in the settlement and distribution of the personal property.
Read the full summary
From Granville. This was a petition for distribution. The father of the parties, Petitioners and Defendants, in his lifetime, gave lands to part of his children, and died intestate in the year 1803, seised of real estate and possessed of personal property. It was referred to this Court to decide whether the lands so given should he brought into account in the settlement and distribution of the personal property. And upon this question, Taylor, Chief-Justice, dissented from the opinion of the other Judges.
1Opinion of the CourtLocke, Judge
The decision of the question in this case, depends entirely upon the construction of the several acts of Assembly, relative to the estates of deceased persons, and it will be necessary to review those acts. By those act of 1766, ch. 3, the personal estate of an intestate, is directed to be distributed as follows, “one third part to the wife of the intestate, and all the rest in equal portions to and among the children of such person dying intestate, and such person as legally represent such children, in case any of the said children be then dead, other than such child or children (not being…
2Cited by3 opinions
- Moore v. . RankinSupreme Court of North Carolina · 1916
- Wilson v. . HightowerSupreme Court of North Carolina · 1824
- Wilson v. . HightowerSupreme Court of North Carolina · 1824