Vann v. Hargett
Supreme Court of North Carolina
In the year 1783 Joseph Gilbert made his will and thereby'bequeathed to his daughter Mary A. Gregory, the wife of John Gregory, two female slaves for life, with a remainder to all her children which she then had, or thereafter might have, (excepting her son John) equally to be divided between them. Of this will the testator appointed the County Court of Jones the executor.
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In the year 1783 Joseph Gilbert made his will and thereby'bequeathed to his daughter Mary A. Gregory, the wife of John Gregory, two female slaves for life, with a remainder to all her children which she then had, or thereafter might have, (excepting her son John) equally to be divided between them. Of this will the testator appointed the County Court of Jones the executor. The bill, which was filed in the year 1824, alleged that the testator at his death owed no debts, and that the County Court of Jones assented to the legacy to Mary A. Gregory, that she died in 1826, having survived her…
1Opinion of the Court
Daniel, Judge,
after stating the substance of the bill as above, proceeded as follows. — ■
The first cause assigned for demurrer, is because the* plaintiffs have a remedy at law by action of trover or detinue.
After what was done by the County Court, and the long possession of the slaves by and under the mother, (tenant for life of the legacy,) the title of the plaintiffs seems to be' admitted on both sides, to be a legal title; we also think it is a legal title. ' Rut if the plaintiffs could, by any possibility recover at law, that is not a reason sufficient, in a case like the one disclosed by…
2Cited by3 opinions
- English v. Holden Beach Realty Corp.Court of Appeals of North Carolina · 1979
- Benzien v. . LenoirSupreme Court of North Carolina · 1814
- Marshall v. . LovelassSupreme Court of North Carolina · 1801