Hilborn v. . Hester
Supreme Court of North Carolina
Cause removed from the Court of Equity of Bladen County, at the Fail Term, 1851. John Hester died in 1819, in Bladen, having made his will, in which he made the following dispositions: “ I will, that my wife, Comfort, live on the plantation her life time, and also my negro, Jane, to wait on her for her life time ; and that she be maintained out of the whole of the property.
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Cause removed from the Court of Equity of Bladen County, at the Fail Term, 1851. John Hester died in 1819, in Bladen, having made his will, in which he made the following dispositions: “ I will, that my wife, Comfort, live on the plantation her life time, and also my negro, Jane, to wait on her for her life time ; and that she be maintained out of the whole of the property. I give to my daughter, Plannah, a negro girl named Clarissa, and the balance of my negroes to be equally divided between all my children, except Hannah.” He also left several tracts of land, which he devised to his…
1Opinion of the Court
Ruffin C. J.
It need not be considered, whether the particular provisions of the will take the case out of the general rule, that an assent to a legacy for life is also an assént to one in remainder: because upon other points the opinion of the Court is with the defendant.
The circumstances render it probable, that at the division in 1820, there was an agreement that, instead of setting apart a fund for the maintenance of Mrs. Hester, she should have the whole property in the slave Jane. That supposition accounts naturally for the plain till’s twice renouncing on oath any interest in her, and…
2Cited by2 opinions
- Erwin v. . KilpatrickSupreme Court of North Carolina · 1825
- Tims v. . PotterSuperior Court of North Carolina · 1789