Legal Opinion

Rogers v. . Brickhouse

Supreme Court of North Carolina

Decided June 5, 1860PublishedCited by 5 opinions

'Cause removed from the Court ©f Equity of Martin county. Matthew Brickliouse made his will in 1852, and died in 1357. The plaintiff, Samuel Rogers, and the defendant James Brickliouse, were appointed executors in the said will, and they both were qualified as such.

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'Cause removed from the Court ©f Equity of Martin county. Matthew Brickliouse made his will in 1852, and died in 1357. The plaintiff, Samuel Rogers, and the defendant James Brickliouse, were appointed executors in the said will, and they both were qualified as such. The bill is filed by Rogers and his wife against James Brickliouse and the several legatees- under the will, praying that the said Janies may account for the amount of the estate that came into his hands, and the several legacies may be paid over under a decree of this Court, and the said Samuel for his protection and indemnity as…

1Opinion of the CourtBattle, J.

The bill is filed for the purpose of obtaining a construction of the will of the testator, Matthew Brickhouse. Several questions are raised, which we will proceed to consider and dispose of, in the order in which they are presented.

1. The first question arises on the third clause of the will, and the facts in relation to it, are as follows : When the will was executed in September, 1852, the testator owned eight and a half acres of land, which were called and known as the Godwin tract, from the fact, that they had once formed a part of a tract of land belonging to a person of that name. He…

2Cited by5 opinions

  1. May v. Lewis.Supreme Court of North Carolina · 1903
  2. Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
  3. Grimes v. . BryanSupreme Court of North Carolina · 1908
  4. Bradshaw v. EllisSupreme Court of North Carolina · 1838
  5. Coppedge v. CoppedgeSupreme Court of North Carolina · 1951

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