Brinson v. . Wharton
Supreme Court of North Carolina
Cause removed from the Court of Equity of Jones county, at the Fall Term, 1851. The facts are stated in the opinion delivered in this Court.
1Opinion of the CourtNash, J.
Abraham Wharton died in 1809, leaving surviving him, his widow, Sarah Wharton, and five children, namely, David and Elizabeth, the wife of John Dudley, who are defendants: and John, Sarah, and Cassandra, all of whom died intestate, and without issue, in the lifetime of the widow. The plaintiff, Brinson, is the administrator of John and Sarah; and the plaintiff, Mason, is the administrator of Cassandra. Abraham Wharton left a nuncupa-tive will, which was duly proven ; and the widow, Sarah Wharton, qualified as executrix, took into her possession the personal estate, consisting of slaves,…
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