In Re Garland's Will
Supreme Court of North Carolina
Appeal by propounders from Lyon, J., at July Term, 1912, of Mitchell. Tbe facts are sufficiently stated in the opinion of the Court by Mr. Chief Justice Ciarle.
1Opinion of the Court
Clark, O. J.
There is no natural right to devise or bequeath property. It is entirely statutory. When one is dead he no longer owns anything. No one has the right, unless by statute, to dispose of his property after death, or even of his body. 2 Blackstone, 10; Burroughs v. R. R., 15 Conn., 129; Crane v. Reeder, 21 Mich., 73; S. v. Hamlin, 86 Mo., 605; Sturgis v. Ewing, 18 Ill., 186; Gibson v. VanSyckle, 47 Mich., 439; Hodges v. Lipscomb, 128 N. C., 58. Society takes possession of both, and in countries where there is no will allowed, and in other countries when there is no will legally…
2Cases cited9 opinions
- Crane v. ReederMichigan Supreme Court · 1870
- Newman v. . BostSupreme Court of North Carolina · 1898
- Burroughs v. Housatonic RailroadSupreme Court of Connecticut · 1842
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
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3Cited by13 opinions
- Fellowes v. . DurfeySupreme Court of North Carolina · 1913
- MartinSupreme Judicial Court of Maine · 1935
- State v. . DarnellSupreme Court of North Carolina · 1914
- In re Will of DeytonSupreme Court of North Carolina · 1919
- Edwards v. . YearbySupreme Court of North Carolina · 1915
8 more not listed; retrieve them via the Exa API.