Braswell v. . Morehead
Supreme Court of North Carolina
Cause removed from the Court of Equity for Guilford County, at Pall Term, 1852. James Cole died sometime about the year 1848, leaving a will in which he bequeathed as follows :— “ I give and bequeath to my granddaughter, Elmira Braswell, my negroes Patty, Harnett, Fanny, Amy, Sarah and Miles, and their increase. Also a bond I hold on B. W. Braswell for $860, with interest thereon, two feather beds, and furniture.
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Cause removed from the Court of Equity for Guilford County, at Pall Term, 1852. James Cole died sometime about the year 1848, leaving a will in which he bequeathed as follows :— “ I give and bequeath to my granddaughter, Elmira Braswell, my negroes Patty, Harnett, Fanny, Amy, Sarah and Miles, and their increase. Also a bond I hold on B. W. Braswell for $860, with interest thereon, two feather beds, and furniture. At my death, my desire is that my executors take possession, hire out the negroes, and apply the proceeds to the use of my granddaughter, Elmira Braswell. I also give to my…
1Opinion of the CourtBattle, J.
The only questions presented by the pleadings, upon which the opinion of the Court is necessary, are—
1st, Whether the plaintiff can, by her guardian, under the sanction of the Court, take the slaves and other personal property bequeathed to her by her grandfather, and carry them to the State of Mississippi, where she now resides, notwithstanding the execu-tory devise to her aunts, in the event of her dying under the age of twenty-one years ?
2ndly, Whether she is entitled, during the period of her infancy, to the hires of the slaves and interest and profits of the other personal estate,…
2Cited by7 opinions
- Gordon v. . LowtherSupreme Court of North Carolina · 1876
- Peterson v. Ferrell.Supreme Court of North Carolina · 1900
- Woodard v. ClarkSupreme Court of North Carolina · 1952
- Bryan v. . HarperSupreme Court of North Carolina · 1919
- Bryan v. HarperSupreme Court of North Carolina · 1919
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