Executor's of M'Callop v. Blount
Supreme Court of North Carolina
The following case stated by the Council for the parties to this suit, brought in Wilmington Superior Court. John Moore, by his last will and testament, bequeathed sundry negroes, in the following words, to wit; "It is my desire that the following negroes, to wit, Caeser, Tom, Nan, Dorcas, Doll, and Davy, and all their issue, if any, should remain with my beloved wife Mary, during her widowhood, to raise her children upon ; and after her intermarriage, to be equally divided…
Read the full summary
The following case stated by the Council for the parties to this suit, brought in Wilmington Superior Court. John Moore, by his last will and testament, bequeathed sundry negroes, in the following words, to wit; "It is my desire that the following negroes, to wit, Caeser, Tom, Nan, Dorcas, Doll, and Davy, and all their issue, if any, should remain with my beloved wife Mary, during her widowhood, to raise her children upon ; and after her intermarriage, to be equally divided amongst my beloved daughters Armis, Mary, &c. John Moore died ; and his widow took possession of the negroes, agreeably…
1Opinion of the Court
By the Court.—
By the devise in the will, the negroes in question were to remain in the possession of the widow of John Moore during her widowhood, and on her marriage were to be equally divided between his two daughters Annis, Mary, See. Annis intermarried with Gilbert M’Callop, during the widowhood of the late John Moore’s wife, and Gilbert M’Callop died during her widowhood. Neither Annis nor her husband were entitled to the possession of the negroes until the marriage of John Moore’s widow. As Gilbert was not, nor could have the possession of the said Negroes during his life, his Executors…
2Cases cited1 opinion
- The TriumphDistrict Court, N.D. New York · 1841