Wilson v. . Hightower
Supreme Court of North Carolina
*1 > From Lincoln, J Petition heard before Nash, Judge. The Petitioner set forth, that William Wilson died in 1817, leaving a widow and children, of whom the Petitioner was one, and leaving, also, a last will and testament, by which he appointed Hightower his executor, who qualified as such j that William Wilson, one of the Defendants, son of William, deceased, had received from his father, in his life-time, an estate of 350 acres of land, by settlement •, and the other…
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*1 > From Lincoln, J Petition heard before Nash, Judge. The Petitioner set forth, that William Wilson died in 1817, leaving a widow and children, of whom the Petitioner was one, and leaving, also, a last will and testament, by which he appointed Hightower his executor, who qualified as such j that William Wilson, one of the Defendants, son of William, deceased, had received from his father, in his life-time, an estate of 350 acres of land, by settlement •, and the other children, who were Defendants, had received, under the will of their father, the one, 600 acres of land and a negro, the…
1Opinion
I was one of the Court that decided the case of Jones v. Jones,6 N.C. 150. I was in the minority; but I consider myself bound by that decision, because many estates have been settled and are now held under it. On that account, in the present case, the real and personal property cannot be blended together.
Nor do I think that legacies given by the testator's will can be brought into the account under the law of distributions. As it appears that there were no advancements made by the testator in his lifetime, I think division can only be made of such property as the testator has made no…
2Cases cited1 opinion
- Jones v. . JonesSupreme Court of North Carolina · 1812