Robbins v. . Windly
Supreme Court of North Carolina
This was a bill to recover legacies under the will of John Windly, transmitted from the Court of Equity of Beaufort County. The only question made in the pleadings was in relation to a slave, Jesse. By his will, which was made in 1854, the testator gave this slave to the wife of the plaintiff Thomas Robbins. Subsequently, to wit, on 14th of June, 1855, he gave the same slave to George L. Windly by deed reciting a consideration of one dollar.
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This was a bill to recover legacies under the will of John Windly, transmitted from the Court of Equity of Beaufort County. The only question made in the pleadings was in relation to a slave, Jesse. By his will, which was made in 1854, the testator gave this slave to the wife of the plaintiff Thomas Robbins. Subsequently, to wit, on 14th of June, 1855, he gave the same slave to George L. Windly by deed reciting a consideration of one dollar. By the said will, the testator gave to George L. Windly two plantations and four slaves, and other goods of much greater value than the slave Jesse. The…
1Opinion of the CourtBattle, J.
The only question which the pleadings present for our decision, is whether the defendant George L. Windly shall be permitted to take the slave Jesse under the deed from his father, and yet claim the legacies given to him in his father’s will. The plaintiff insists that, according to the principles of equily, he cannot take both, and that'the Court will compel him to elect between the two benefits. The doctrine of elec tion is well established in the Courts of Equity both of England and this State. To originate it, two things are essential: 1st, That the testator shall give property of his…
2Cited by8 opinions
- Elmore v. . ByrdSupreme Court of North Carolina · 1920
- McGehee v. . McGeheeSupreme Court of North Carolina · 1925
- Wachovia Bank & Trust Co. v. GreenSupreme Court of North Carolina · 1954
- Hines v. . MercerSupreme Court of North Carolina · 1899
- Thomas v. ThomasSupreme Court of North Carolina · 1963
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