Jerkins v. . Mitchell
Supreme Court of North Carolina
Cause removed from the Court of Equity of Craven County. Thomas Jerkins made his will in 1829, and died in 1855, when it was admitted to probate.
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Cause removed from the Court of Equity of Craven County. Thomas Jerkins made his will in 1829, and died in 1855, when it was admitted to probate. The will contains several devises of real estate, as well as bequests of personalty, but it turns out that all the realty which he owned at the date of the will, was disposed of by him before that time, but the testator had acquired other and valuable estates in the town of New-Berne, and the county of Craven, and elsewhere, which are set out and described, specifically, in the plaintiff’s petition. The petitioner alleges that he and the feme…
1Opinion of the CourtBattle, J.
In the pleadings, and in the argument of the counsel, it is assumed that the testator, Thomas Jerkins, died intestate as to his real estate. The reason of this is, that though he owned many tracts and parcels of land at the time of his death, in the year 1855, yet they were purchased after his will was made, which was in the year 1829, and therefore did not come within the operation of the act of 18M, ch. 88., sec. 8, which declares i! that every will shall be construed with reference to the real and personal estates comprised in it, to speak and take effect, as if it had been executed…
2Cited by3 opinions
- Harrelson v. . GoodenSupreme Court of North Carolina · 1948
- Norwood v. . BranchSupreme Court of North Carolina · 1816
- House v. WhiteCourt of Appeals of North Carolina · 1978