Pope v. . Whitehead
Supreme Court of North Carolina
Special proceeding, for partition, and sale for partition, ■of certain lands, commenced in the Probate Court of Halifax county, and heard by Watts, J., at Chambers, January, 23d, 1873. The following facts were certified as found by the Judge •of Probate, and by him transmitted to his Honor, with the questions of law raised thereon: “ 1. That one Joseph Whitehead, domiciled in Halifax ■county, died in 1833, leaving a last will and testament, which was proved at August Term,…
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Special proceeding, for partition, and sale for partition, ■of certain lands, commenced in the Probate Court of Halifax county, and heard by Watts, J., at Chambers, January, 23d, 1873. The following facts were certified as found by the Judge •of Probate, and by him transmitted to his Honor, with the questions of law raised thereon: “ 1. That one Joseph Whitehead, domiciled in Halifax ■county, died in 1833, leaving a last will and testament, which was proved at August Term, 1833, of Halifax County Court, a copy of which,” &c. 2. That said testator was twice married, and had issue by his first…
1Opinion of the CourtRodman, J.
Two questions'are made in this case:
1. Upon the construction of the will of Joseph Whitehead.
2. As to the right of a tenant.in common, who has made improvements on the common land, to be allowed for them on a partition.
1. The material parts of the will are as follows :
“ I will and bequeath to my living wife, Sally, all my lands which I may die seized and possessed of, and the following negroes (here follow the names of several slaves); “ and also,” (here follows a list of sundry articles of personal property.) “ The above legacy is given upon the following conditions: At my wife’s death it is…
Also in this document: Per curiam.
2Cases cited1 opinion
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
3Cited by14 opinions
- Wilkinson v. StuartSupreme Court of Alabama · 1883
- Cox v. . WardSupreme Court of North Carolina · 1890
- Dugan v. Mayor of BaltimoreCourt of Appeals of Maryland · 1889
- Daniel v. . CrumplerSupreme Court of North Carolina · 1876
- Jenkins v. . StricklandSupreme Court of North Carolina · 1938
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