Foust v. . Ireland and Hurdle
Supreme Court of North Carolina
Action of detinue, for tbe recovery of certain slaves, tried before bis Honor Judge Settle, at Spring Term, 1853, of Alamance Superior Court. Elizabeth, the daughter of Peter Foust, married one John Clapp, and was living at the death of her father. After the death of her father, but in the life time of her mother, Elizabeth died, leaving her husband and several children,her surviving.
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Action of detinue, for tbe recovery of certain slaves, tried before bis Honor Judge Settle, at Spring Term, 1853, of Alamance Superior Court. Elizabeth, the daughter of Peter Foust, married one John Clapp, and was living at the death of her father. After the death of her father, but in the life time of her mother, Elizabeth died, leaving her husband and several children,her surviving. The plaintiff Daniel Eoust administered on the estate of Elizabeth, and claimed the' slaves in question as her property, as one of the next of Idn of Peter Eoust. The surviving executor of Peter Eoust had…
1Opinion of the CourtPearson, J.
If there is an intestacy, Mrs. Clapp took an interest transmissible to her personal representatives, and the plaintiff is entitled to recover. Otherwise he is not.
It was agreed upon in the .argument, and is undoubtedly true, that as the widow died without marrying, the will must receive one of two constructions. Either there is an intestacy as to all of the property given to her, except the land, or the absolute estate in the personal property is given to her. So the only question is, which of these two is the true construction. In support of the intestacy, it was insisted, that the property…
2Cited by12 opinions
- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
- Foil v. Newsome.Supreme Court of North Carolina · 1905
- McCullen v. . DaughtrySupreme Court of North Carolina · 1925
- Worsley v. WorsleySupreme Court of North Carolina · 1963
- Dixon v. . HookerSupreme Court of North Carolina · 1930
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