Dupree v. . Dupree
Supreme Court of North Carolina
This cause was transmitted from the Court of Equity for .Pitt County at Spring Term, 1852. The case is sufficiently stated in the opinion of the Court. 1. The plaintiff was bom within 280 days from the execution of the deecf, and so was in esse. Coke Lit. 139, n. b. Infants en ventre sa mere are capable of taking a gift.
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This cause was transmitted from the Court of Equity for .Pitt County at Spring Term, 1852. The case is sufficiently stated in the opinion of the Court. 1. The plaintiff was bom within 280 days from the execution of the deecf, and so was in esse. Coke Lit. 139, n. b. Infants en ventre sa mere are capable of taking a gift. The case of Reeve v. Long, 1 Salk. 227, which decided that a devise of a remainder to an unborn child, carried the estate to an infant en ventre sa mere was complained of only on feudal reasons— that there was no one to perform the services of the tenant. 2 Bl. Com. 109, and…
1Opinion of the CourtPearson, J.
On the 9th, day of January, 1817, Patience Goff executed a deed by which, in consideration of natural love, and affection, she gave and conveyed to her grand-children, “ Washington and Lewis Dupree, sons of Robert and Rachel Dupree, and to the next of their heirs lawfully begotten of their bodies, (Peggy Ann Dupree only excepted,) a slave named Rose.” On the 9th day of October, 1817, the plaintiff, who is a child of the said Robert and Rachel Dupree, was born, and by this bill he claims one third of Rose and her increase.
It is conceded, that no other after-born child of Robert and Rachel…
2Cited by15 opinions
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Cullens v. . CullensSupreme Court of North Carolina · 1913
- Morton v. ThorntonSupreme Court of North Carolina · 1963
- Griffin v. SpringerSupreme Court of North Carolina · 1956
- Woolard v. SmithSupreme Court of North Carolina · 1956
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