Legal Opinion

Brantly v. . Kee

Supreme Court of North Carolina

Decided June 5, 1860PublishedCited by 13 opinions

Cause removed from the Court of Equity, of Northampton. William Kee made his will and died in 1820, bequeathing ■thereby to his wife, Anna Kee, during her life or widowhood, -among other tilings, a negro girl, Sarah, and upon the death or marriage of the said Anna, he gives the girl Sarah, and her increase, to his “ daughter Sally Hart, and her heirs, forever.”

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Cause removed from the Court of Equity, of Northampton. William Kee made his will and died in 1820, bequeathing ■thereby to his wife, Anna Kee, during her life or widowhood, -among other tilings, a negro girl, Sarah, and upon the death or marriage of the said Anna, he gives the girl Sarah, and her increase, to his “ daughter Sally Hart, and her heirs, forever.” Sally Hart, during the lifetime of Anna Kee, intermarried witli one Wyatt Brantly, having first made a marriage settlement, dated 29th of March, 1829, of which the following extract, only, is necessary to the proper understanding of…

1Opinion of the Court

PeaesoN, '-C. J.

The plaintiff alleges that be is entitled to certain slaves, subject to the life estate of Sarah Brantly ; and that the defendant, who has acquired the life estate, under pretence that he is entitled to the absolute estate in three of 'the slaves, is about to carry them to the State of Tennessee, where he resides. The object of the bill is to have the slaves sequestered, so as to have them forthcoming at the death of ■Sarah Brantly.

We are not-satisfied by the proofs, that John Brantly, who, the plaintiff admits, was a tenant in common with him, is dead without children, but we…

2Cited by13 opinions

  1. Moore v. BrysonCourt of Appeals of North Carolina · 1971
  2. Pearson v. . PearsonSupreme Court of North Carolina · 1946
  3. Ellis v. . EllisSupreme Court of North Carolina · 1927
  4. Holloman v. Southern Railway Co.Supreme Court of North Carolina · 1916
  5. Fisher v. WagnerCourt of Appeals of Maryland · 1909

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