Legal Opinion

Thompson v. McDonald

Supreme Court of North Carolina

Decided December 5, 1839Published

The plaintiffs, in this case, were Sarah Lenox Thompson, otherwise called Sarah McKinnel, suing by her next-friend James Stuart, Alexander Kissock, James Broom and George Blount, and the defendants were Jane McDonald, widow an executrix of Ronald McDonald, deceased, Robert Martin, administrator de bonis non of Ann Charteris, deceased, John W. ’Ellington and John McKinnell.

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The plaintiffs, in this case, were Sarah Lenox Thompson, otherwise called Sarah McKinnel, suing by her next-friend James Stuart, Alexander Kissock, James Broom and George Blount, and the defendants were Jane McDonald, widow an executrix of Ronald McDonald, deceased, Robert Martin, administrator de bonis non of Ann Charteris, deceased, John W. ’Ellington and John McKinnell. The case made by the bill, was, that John Lenox, a native of Scotland, but for many years a citizen of North Carolina, died in this State intestate, unmarried and without issue, some time in the year 1825, and that…

1Opinion

The commissioner's report exhibits two views of the account directed to be taken in this case: If the plaintiffs be entitled to the moiety of the effects of John Charteris, which was bequeathed to his sister, Ann Charteris, the commissioner finds the amount due them to be $7,208.15; but if the plaintiffs be not entitled to that moiety, then he reports the amount due to be $5,798.37. The question of law presented by the report arises upon the following facts: John Charteris bequeathed all his property to his two sisters, Ann Charteris and Jane McDonald, with an express limitation that if…

2Cases cited7 opinions

  1. Carter v. . JonesSupreme Court of North Carolina · 1848
  2. Howell v. . TylerSupreme Court of North Carolina · 1884
  3. Egerton v. . CarrSupreme Court of North Carolina · 1886
  4. Kirkpatrick v. . RogersSupreme Court of North Carolina · 1848
  5. Howard v. Andrews Manufacturing Co.Supreme Court of North Carolina · 1919

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