Legal Opinion

W. A. Hagler and Wife v. . R. D. McCombs

Supreme Court of North Carolina

Decided January 5, 1872PublishedCited by 13 opinions

This was an action tried before Cloud, Judge, at Fall Term, '1871, of Cherokee Superior Court. This action was brought by the plaintiffs against the defendant, seeking to charge the estate of the intestate, Abram. Sudderth, with the value of certain slaves and the hire of other slaves, which they allege were willed to them by their grandfather John Hennessee.

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This was an action tried before Cloud, Judge, at Fall Term, '1871, of Cherokee Superior Court. This action was brought by the plaintiffs against the defendant, seeking to charge the estate of the intestate, Abram. Sudderth, with the value of certain slaves and the hire of other slaves, which they allege were willed to them by their grandfather John Hennessee. They claim the slaves and other property under two clauses of the will of said Hennessee, which are set out in the opinion of the Court. The plaintiffs, Sarah, wife of Haglar, Margaret, wife of Howell, Ailsey, wife of Hyde, Judy, wife of…

1Opinion of the CourtRodMAN, J.

Plaintiffs ease; John Hennessee died in 1843. leaving a will by which he bequeathed among other things as follows:

“Item 4. I give Abram Sudderth’s children, my grandchildren, the one half of my negroes remaining after the above bequests are taken out, and also the boy my wife has during hey life time.”

He likewise by item 6, gave his said grand children a share in the residue of his estate. Abram Sudderth and Patrick Hennessee were appointed executors.

The plaintiffs, Sarah, wife of Hagler, Margaret, wife of Howell, Ailsey, wife of Hyde, and Judy, wife of Dean, are the grand children referred…

2Cited by13 opinions

  1. State v. . BellSupreme Court of North Carolina · 1922
  2. State v. BellSupreme Court of North Carolina · 1922
  3. Sanders Ex Rel. Pratt v. SandersSupreme Court of North Carolina · 1914
  4. Green Ex Rel. Green v. GreenSupreme Court of North Carolina · 1936
  5. McDearman v. HodnettSupreme Court of Virginia · 1887

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