Bank of the State v. Forney
Supreme Court of North Carolina
This bill was filed at the Fall Term, 1841, of Burke-Court of Equity in the name of the Bank of the State of North Carolina, and Isaac T. Avery agent of the Bank against the defendants. To this bill answers were filed and replications thereto entered. At the Spring Term, 1842, the cause was set for hearing upon the bill and answers, and ordered to be transmitted to the Supreme Court.
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This bill was filed at the Fall Term, 1841, of Burke-Court of Equity in the name of the Bank of the State of North Carolina, and Isaac T. Avery agent of the Bank against the defendants. To this bill answers were filed and replications thereto entered. At the Spring Term, 1842, the cause was set for hearing upon the bill and answers, and ordered to be transmitted to the Supreme Court. The questions submitted by the pleadings are fully set forth in the opinion delivered in this court.
1Opinion of the Court
Rüffin, C. J.
Jacob Forney died in the latter part of 1840, having previously made his will, hearing date the 11th day of January of that year. He therein first gave to his wife sundry slaves and other things absolutely; and then ' one third part of his lands and sundry other slaves for her Ufe. The will then proceeds: “My will is, that all the bal-' atice of my property shall be divided equally amongst my ; ten children and their heirs; the amount they have hitherto - severally received to be estimated as a part of their shares.” testator then specifies the value of the advancement to each…
2Cited by3 opinions
- Vaughan v. . WiseSupreme Court of North Carolina · 1910
- Mizell v. . BazemoreSupreme Court of North Carolina · 1927
- Muller v. CoxNew Jersey Court of Chancery · 1925