Burnett v. . Roberts
Supreme Court of North Carolina
This was an action of trover for the value of several slaves, and was tried in Lincoln Superior Court at Fall Term 1831, before his honor Judge DaNiei. Walter Pollard by his will made in 1768, bequeathed three negroes to Morris Roberts and his wife during their lives, and after their death, to Joshua, Martin, Mary, Susan and Jane Roberts, and the defendant, equally to be divided between them.
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This was an action of trover for the value of several slaves, and was tried in Lincoln Superior Court at Fall Term 1831, before his honor Judge DaNiei. Walter Pollard by his will made in 1768, bequeathed three negroes to Morris Roberts and his wife during their lives, and after their death, to Joshua, Martin, Mary, Susan and Jane Roberts, and the defendant, equally to be divided between them. The plaintiff intermarried with Mary, one of the legatees in remainder, and in 1805, by a deed executed by himself and his wife, and reciting a consideration paid, of one hundred and fifty dollars, the…
1Opinion of the Court
ItuuiTN, Chief-Justice.
The nature of the interests passed by the bequest of a chattel to one for life, with a limitation over to another, has been very fully discussed at the bar, in this case, The court however, docs not feel called on to enter into the ancient learning upon the subject, because wc consider the question entirely settled by repeated adjudications through a long series of years in this state, and if we should draw the conclusions from the law, for which the counsel for the plaintiff has contended, we should still be compelled to obey our own decisions.
There can be no doubt…
2Cited by7 opinions
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Woodard v. ClarkSupreme Court of North Carolina · 1952
- Dunwoodie v. . CarringtonSupreme Court of North Carolina · 1816
- Finlayson v. Cabarrus Bank & Trust Co.District Court, M.D. North Carolina · 1960
- Nance v. . RourkSupreme Court of North Carolina · 1913
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