Spruill v. . Moore
Supreme Court of North Carolina
Cause removed by consent from the Court of Equity, of Martin county, at the Fall. Term 1848, David Latham made his will October 28th 1833, and died shortly afterwards. By it he bequeathed to his wife, Charity, certain slaves for life ; and then made the following dispositions.
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Cause removed by consent from the Court of Equity, of Martin county, at the Fall. Term 1848, David Latham made his will October 28th 1833, and died shortly afterwards. By it he bequeathed to his wife, Charity, certain slaves for life ; and then made the following dispositions. “I give to my four daughters, Sarah, Elizabeth, Marina, and Agnes the following negroes, viz, Wilson, Dunn, Sabra, Sandy, Charlotte, and Mary ; and also, after the death of my wife, the negroes, Jesse, Sharper, Quash, Esther, Amy, Jude, Isaac, Nancy, and Jude Sr. and all the increase of the said negroes. It is my will…
1Opinion of the CourtRuffin, C. J.
The only questions, at present presented to the Court, are in respect to the rights in the slaves given to the daughters and in the profits of them at different periods.
The defendants set up claim, that in the event, which has happened, of the deaths of both Agnes and Elizabeth without issue, their interests are undisposed of by the will, and so are to be distributed as in a case of intestacy. But that claim is entirely unfounded. The whole interest is given among the daughters to them, or the survivor of them ; and no one can have any part of the property, except through the daughters or one…
2Cited by8 opinions
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Kornegay v. . MorrisSupreme Court of North Carolina · 1898
- Patterson v. . McCormickSupreme Court of North Carolina · 1919
- Ham v. . HamSupreme Court of North Carolina · 1915
- Woodard v. ClarkSupreme Court of North Carolina · 1952
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