Donnell v. Mateer's Ex'rs
Supreme Court of North Carolina
Cause removed by consent of parties from the Court of Equity of Rockingham County. James Mateer made his will on the 4th of April, 1844, and appointed his sons, “ Andrew and John, his executors.” At that time, and at the time of his death, 'which happened in May 1845, the testator had three children, namely, the two sons above mentioned, and a daughter named Margaret, then the wife of Joseph D. Watson.
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Cause removed by consent of parties from the Court of Equity of Rockingham County. James Mateer made his will on the 4th of April, 1844, and appointed his sons, “ Andrew and John, his executors.” At that time, and at the time of his death, 'which happened in May 1845, the testator had three children, namely, the two sons above mentioned, and a daughter named Margaret, then the wife of Joseph D. Watson. He had also a grand-son, James M. Donnell, one of the plaintiffs, who was the only child of the testator’s deceased daughter, Polly, by her husband Joseph Donnell. This grand-son and the three…
1Opinion of the CourtRuffin, C. J.
The pleadings raise several questions; but there seems to be no difficulty in either of them.
That, which is of most consequence to the parties, respects the disposition of the six slaves to Mrs Watson. It is a gift to her for life, and then •' to her bodily heirs.” That has been so often and so recently decided to pass the whole property to the first taker, as to leave, now, no question at all upon it. In Allen v. Pass, 4 Dev. & Bat. 77, there was enough in the will to enable the Court to see that the testator meant “heirs of the body,” for “ children,” and we gladly availed oui’selves of…
Also in this document: Per curiam.
2Cases cited1 opinion
- Norwood v. BranchSupreme Court of North Carolina · 1816
3Cited by11 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Perry v. HackneySupreme Court of North Carolina · 1906
- Marsh v. Griffin.Supreme Court of North Carolina · 1904
- Albright v. . AlbrightSupreme Court of North Carolina · 1916
6 more not listed; retrieve them via the Exa API.