Johnston v. . Johnston
Supreme Court of North Carolina
This cause was transmitted from the Court of Equity of- Warren County, at the Fall Term, 1845, to the Supreme Court. The following case appeared from the pleadings. In the year 1843, Sterling Johnston died, leaving a will, executed some time before, in which he devised to one of his sons, John P. Johnston, a tract of land containing 800 acres.
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This cause was transmitted from the Court of Equity of- Warren County, at the Fall Term, 1845, to the Supreme Court. The following case appeared from the pleadings. In the year 1843, Sterling Johnston died, leaving a will, executed some time before, in which he devised to one of his sons, John P. Johnston, a tract of land containing 800 acres. He devised also to his six children, by his last marriage, all the residue of his property, to be equally divided between them and their heirs, share and share alike. The testator owned two tracts of land, one containing 2500 acres, and the other 700…
1Opinion of the CourtRuffin, C. J.
The sole question is, whether, in the division of this fund, which is considered real estate, the son, John P. Johnston, and the children of the last marriage, who are the petitioners, are to be admitted to shares without accounting for the value of the lands, which those persons take by the devises in the will. The point, then, is precisely that decidedyn Norwood v. Branch, 2 No. Ca. Law Repos. 598. As was mentioned by my brother Daniel, in Brown v. Brown, 2 Ired. Eq. 309, the profession has never been satisfied with that decision, and it is known that several, if not all of the Judges who…
Also in this document: Per curiam.
2Cited by1 opinion
- Norwood v. . BranchSupreme Court of North Carolina · 1816