Croom v. . Herring
Supreme Court of North Carolina
From Lenoir. The ’BUI which wns filed loth April, 1820. stated that Bryan Whitfield died, having made a will, of which the Plaintiff was an executor, and the sole surviving executor of those who had qualified; that a difficulty had arisen in the construction of the will, whereby Plaintiff was likely to be injured, by reason of conflicting claims, and therefore lie prayed that the parties interested might be made to interplead with each other, and that for his protection, ho…
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From Lenoir. The ’BUI which wns filed loth April, 1820. stated that Bryan Whitfield died, having made a will, of which the Plaintiff was an executor, and the sole surviving executor of those who had qualified; that a difficulty had arisen in the construction of the will, whereby Plaintiff was likely to be injured, by reason of conflicting claims, and therefore lie prayed that the parties interested might be made to interplead with each other, and that for his protection, ho might have the advice and instruction of the Court. Bryan Whitfield had many children : to the elder of these, he had…
1Opinion of the Court
Henderson, Judge. —
He on whom the law casts an inheritance 011 the death of the ancestor, is designated by the technical word heir. It could not originally be used to designate him on whom the law cast the goods ot chattel property, for it cast them on no one, no person was appointed by law to succeed to the deceased ancestor; on bis death, they became bona vacantia, ami were seized by the king on tiiat account, and by him, as grand ai-moner, applied to pious uses, now considered superstitious, for the good of the soul of their former owner. Hence it is, that in the common law vocabulary*…
2Cited by11 opinions
- May v. Lewis.Supreme Court of North Carolina · 1903
- Flint v. Wisconsin Trust Co.Wisconsin Supreme Court · 1912
- Price v. GriffinSupreme Court of North Carolina · 1909
- Henry v. . HenrySupreme Court of North Carolina · 1848
- Everett v. . GriffinSupreme Court of North Carolina · 1917
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