Baker v. . Pender
Supreme Court of North Carolina
This was an action of detinue, for a certain slave called John, tried before his Honor Judge Ellis, at the Spring Term, 1858, of Edgecombe Superior Court.
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This was an action of detinue, for a certain slave called John, tried before his Honor Judge Ellis, at the Spring Term, 1858, of Edgecombe Superior Court. The case was submitted for the judgment of the Court upon the following CASE AGREED. 1. John Jackson, of the said county, died in or about 1798, having made his last will, and being possessed of certain slaves, of one of which, the slave in controversy was the increase. 2. At February Term, 1799, of Edgecombe county court-, his will was duly proved, the material portion of which is as follows: “I give and bequeath to my loving wife,…
1Opinion of the CourtPearson, J.
"Without entering- into the question whether tiie word “then” is an adverb of “time,” or a mere “relative” adverb, about which much is to be met with in the books, we are satisfied that the words “at her decease” fix the happening of that event as the time at which the limitation over must take effect, if it takes effect at all; and consequently, that it is not too remoto; “at” is a more precise word of time, than “after,” and it is settled that “after her death” is sufficient to restrict the limitation ; Pinbury v. Ekin, 1 P. W. 563 ; Wilkerson v. South, 7 Term Rep. 555 ; 1 Fearne 473; Smith…
2Cited by11 opinions
- Williams v. . RandSupreme Court of North Carolina · 1943
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- House v. HouseSupreme Court of North Carolina · 1949
- Springs v. HopkinsSupreme Court of North Carolina · 1916
- Crouse v. . BarhamSupreme Court of North Carolina · 1917
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