Baker v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil actioN, tried before 0. II. Allen, at November Term, 1916, of EDGECOMBE. This is an action to recover four shares of stock, or the value thereof, bequeathed in item 12 of the will of Moses Baker, the plaintiffs being the next of kin referred to in said item, tried on the following agreed facts: 1. Moses Baker died, in 1857, a resident of Edgecombe County, North Carolina. In August, 1857, his last will and testament, the material part of which is as follows: “Item 12th.
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Civil actioN, tried before 0. II. Allen, at November Term, 1916, of EDGECOMBE. This is an action to recover four shares of stock, or the value thereof, bequeathed in item 12 of the will of Moses Baker, the plaintiffs being the next of kin referred to in said item, tried on the following agreed facts: 1. Moses Baker died, in 1857, a resident of Edgecombe County, North Carolina. In August, 1857, his last will and testament, the material part of which is as follows: “Item 12th. I give and bequeath unto my grandsons, John Baker and Jesse Baker, negro man Ben and my ‘Ruffin tract of land.’…
1Opinion of the CourtAlleN, J.
At common law the ownership of personal property was absolute and incapable of division into- successive interests, but this was modified by the English courts to permit the disposition of such property hy will, but not by deed, upon the same terms and in the same manner as real property, and this State has followed and adopted the later doc-triné. 24 A. and E. Enc., 436 et seq., and cases cited in the note.
The plaintiffs, then, have an interest in the stock in controversy, and their right to recover is dependent upon establishing that the defendant has participated in the wrongful transfer…
2Cases cited12 opinions
- The Mechanics Bank of Alexandria v. LOUISA & MARIA SETONSupreme Court of the United States · 1828
- Loring v. Salisbury MillsMassachusetts Supreme Judicial Court · 1878
- Marbury v. EhlenCourt of Appeals of Maryland · 1890
- Caulkins v. Gas-Light Co.Tennessee Supreme Court · 1887
- Leurey v. Bank of Baton RougeSupreme Court of Louisiana · 1912
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3Cited by13 opinions
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Woodard v. ClarkSupreme Court of North Carolina · 1951
- King v. RichardsonCourt of Appeals for the Fourth Circuit · 1943
- Pritchard v. WilliamsSupreme Court of North Carolina · 1918
- Stark v. National City BankNew York Court of Appeals · 1938
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