Legal Opinion

Watson v. . Sullivan

Supreme Court of North Carolina

Decided October 19, 1910PublishedCited by 1 opinion

Appeal from 0. H. Allen, J., at tbe May Term, 1910, of JOHNSTON. ' Tbe case was beard on facts admitted in tbe pleadings and from which it appeared: 1. That John Raines died in 1899, seised and possessed of a tract of which tbe land in controversy was a part. 2. That said John Raines at tbe time of Ms death left him surviving as bis heirs at law, two children, George Raines and Bettie Watson, and a grandchild, Florence Sullivan, she being a child of Melvina Sullivan, a…

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Appeal from 0. H. Allen, J., at tbe May Term, 1910, of JOHNSTON. ' Tbe case was beard on facts admitted in tbe pleadings and from which it appeared: 1. That John Raines died in 1899, seised and possessed of a tract of which tbe land in controversy was a part. 2. That said John Raines at tbe time of Ms death left him surviving as bis heirs at law, two children, George Raines and Bettie Watson, and a grandchild, Florence Sullivan, she being a child of Melvina Sullivan, a deceased daughter of John Raines and her husband, Arthur Sullivan, defendant. 3. In tbe division of tbe land of John Raines,…

1Opinion of the CourtHoke, J.

Eule 6 of our Canons of Descent, Eevisal, ch. 30, sec. 1556, is as follows: “Collateral relations of the half blood shall inherit equally with those of the whole blood, and the degrees of relationship shall be computed according to the rules which prevail in descents at common law: Provided, that in all cases where the person last seised shall have left no issue capable of inheriting, nor brother nor sister, nor issue of such, the inheritance shall vest in the father if living, and if not, then in the mother if living.”

It is contended for plaintiffs that under the proviso contained in this…

2Cases cited1 opinion

  1. Aliph Dozier v. . C. W. Grandy and WifeSupreme Court of North Carolina · 1872

3Cited by1 opinion

  1. Ex Parte BarefootSupreme Court of North Carolina · 1931

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