Flintham v. . Holder
Supreme Court of North Carolina
From Orange. The petition slated (hat James Flintham died intestate without leaving any widow, child or other issue surviving, and possessed of a considerable personal estate, which had come to the hands of the Defendant Holder, as his administrator — that the intestate was the illegitimate child of the petitioner Ailsey, and that the petitioners Thomas, Catherine and Nancy, were the brother and sisters of the intestate ; and the petitioners prayed that the Defendant might…
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From Orange. The petition slated (hat James Flintham died intestate without leaving any widow, child or other issue surviving, and possessed of a considerable personal estate, which had come to the hands of the Defendant Holder, as his administrator — that the intestate was the illegitimate child of the petitioner Ailsey, and that the petitioners Thomas, Catherine and Nancy, were the brother and sisters of the intestate ; and the petitioners prayed that the Defendant might account with them for the personal estate of his intestate. The answer of Holder averred his readiness to settle with and…
1Opinion of the Court
Ruffin, Judge.
— This case depends upon the just construction of the act of 1799, (Rev. ch. 322.) It is contended, for the- Appellants, that the decree is erroneous, because the words of the act confine its operation to the single case, where there are bastard children of a mother, leaving no children bom in lawful wedlock ; or afc any rate, that no construction can carry it further, than to let in bastards alone to descents from bastareis. Certainly the claim of the University mast prevail, unless Intercepted by n fair construction from the statute — since at common law, there Is no…
Also in this document: Per curiam.
2Cited by6 opinions
- Luton v. Badham.Supreme Court of North Carolina · 1900
- Bettis v. Avery.Supreme Court of North Carolina · 1905
- Wilson v. . WilsonSupreme Court of North Carolina · 1925
- University of North Carolina v. MarkhamSupreme Court of North Carolina · 1917
- Bryant v. . BryantSupreme Court of North Carolina · 1925
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