Hinton v. . Lewis
Supreme Court of North Carolina
Cause transmitted by consent to the Supreme Court from the'Court'ofEquity of Wake County, at'the Spring Terbi .lSsl, The facts of this case are thus stated in the pleadings. David Hinton departed this life in the year 1850, having first made and published his last will and testament, which was duly admitted to probate.
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Cause transmitted by consent to the Supreme Court from the'Court'ofEquity of Wake County, at'the Spring Terbi .lSsl, The facts of this case are thus stated in the pleadings. David Hinton departed this life in the year 1850, having first made and published his last will and testament, which was duly admitted to probate. In and by his said will he bequeaths and directs, among other things, as follows : “Thirdly ; I desire that all the residue of my negroes may be divided into two equal parts, and in this division I wish my said negroes may be kept in families, as lar as may be practicable. One…
1Opinion of the CourtPearson, J.
According to the English authorities, if a legacy be given to A. and B., they are joint tenants, and by the right of survivorship, if A. dies in the life time of the testator, B. takes the whole. But, if it be given to A. •and B., to be equally divided between them, they are tenants in common, and there is no right of survivorship; so ■that if A. dies in the life time of the testator, his is a lapsed legacy, and B. has only the one half.
In this case, the testatrix directs a division between the legatees, Jane, Robert and John Lewis, as tenants in com-anon, and he adds a provision for…
2Cited by2 opinions
- Wooten v. . HobbsSupreme Court of North Carolina · 1915
- Peck v. . CulbersonSupreme Court of North Carolina · 1889