Mitchener v. . Atkinson and Others
Supreme Court of North Carolina
Petition to rehear a decree made at June Term 1866 of 4Ms Court The case is reported in Phil. Eq., 23. The decree declared that the legacy of $20,000 given to the plaintiff was not chargeable upon the real estate of the testator, and it was upon this point that a rehearing was prayed for. The important facts in the case were that one Agrippa Mitchener had died in Johnston County in 1860, leaving an •estate of some $80,000 in land, slaves and other property.
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Petition to rehear a decree made at June Term 1866 of 4Ms Court The case is reported in Phil. Eq., 23. The decree declared that the legacy of $20,000 given to the plaintiff was not chargeable upon the real estate of the testator, and it was upon this point that a rehearing was prayed for. The important facts in the case were that one Agrippa Mitchener had died in Johnston County in 1860, leaving an •estate of some $80,000 in land, slaves and other property. The plaintiff was his second wife. Two children survived Mm, who were by his first wife. The deceased at the time of his death cultivated…
1Opinion of the CourtPeaRSON, C. J.
When this case was before us at June Term 1866, (Thil. Eq. 23,) the plaintiff’s counsel took the position that a widow was to be looked upon as a purchaser for valuable consideration, and the legacy of $20,000 was entitled to preference over all other legacies and devises. He rested the case on that position, and supported it by many authorities and very forcible reasonings. Without giving art opinion on the first part of this proposition, the Court held that as the widow took under the will, she was put to her election, and was not allowed also to claim against the will, so as to disappoint…
2Cited by3 opinions
- State v. . BoonSupreme Court of North Carolina · 1879
- Castor v. JonesIndiana Supreme Court · 1882
- Kearnes v. . GraySupreme Court of North Carolina · 1917