Hilliard v. . Kearney
Supreme Court of North Carolina
The bill in this case was filed at Spring Term, 1852, of the Court of Equity of Franklin county, by the late William H. Haywood, Esq , for the administrator of Stephen Sparkes, who had married Elizabeth White, against Drucilla White, Shemuel Kearney and Richard W. Kearney ; the last two being trustees under a deed to secure creditors, made by the plaintiff’s intestate.
Read the full summary
The bill in this case was filed at Spring Term, 1852, of the Court of Equity of Franklin county, by the late William H. Haywood, Esq , for the administrator of Stephen Sparkes, who had married Elizabeth White, against Drucilla White, Shemuel Kearney and Richard W. Kearney ; the last two being trustees under a deed to secure creditors, made by the plaintiff’s intestate. Answers having been put in, the cause was set for hearing at Fall Term, ,1852, and transmitted to tills Court. The material facts appear in the opinion.
1Opinion of the CourtPearson, J.
In the year ,1775, one Richard White died, leaving a last will and testament by which he gave the land of which he was seised to his five sons, to be equally divided between them, “but if either of them should die without an heir, his share to be divided between his living brothers.”
By another clause in his will, he gives to his wife for her life, negro women Fanny, Silvy and Lucy, and after her death the said negroes and their increase to be equally divided “ among my five daughters, Mary, Sarah) Elizabeth, Drucilla and Nancy, and if either of them die without an heir, her part to be equally…
2Cited by42 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
37 more not listed; retrieve them via the Exa API.