Peterson v. . Webb
Supreme Court of North Carolina
This cause was removed, by consent, from tbe Court of Equity of Bertie County, at tbe Fall Term, 1845, to tbe Supreme Court. The Bill set forth that, in the year 1838, the plaintiff, intermarried with Mary Johnson; that, previous to tbe said marriage, a marriage settlement was entered into by the said parties, in which the defendant was made a trus-tee.
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This cause was removed, by consent, from tbe Court of Equity of Bertie County, at tbe Fall Term, 1845, to tbe Supreme Court. The Bill set forth that, in the year 1838, the plaintiff, intermarried with Mary Johnson; that, previous to tbe said marriage, a marriage settlement was entered into by the said parties, in which the defendant was made a trus-tee. The material parts of the said settlement were,, “ That the said Mary Johnson of the first part, the said Robert Peterson, the plaintiff in this suit of the second part, and Lorenzo S. Webb, the present defendant, of the third part, entered…
1Opinion of the CourtDaniel, J.
The deed of marriage settlement, mentioned . in the pleadings, was made in the year 1836, and by the terms of it, the wife, if she survived her husband, was to have all the slaves mentioned in it; but if she died before him, she had a power to bequeath them by will to whom she pleased; and, in case she made no will, the slaves were to be held by the trustee, to the use of the husband for life, remainder to the use of her next of kin, “ under the statute of distributions.” Mrs. Peterson died without making any will. The husband, having taken administration on his wife’s estate, has filed this…
Also in this document: Per curiam.
2Cited by5 opinions
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