James v. . James
Supreme Court of North Carolina
Advancement — Deed of Gift to Child —Wife’s Distributive Share. Special ProoeediNS commenced in the Probate Court of Catawba County, taken by appeal to the Superior Court of said County, removed on affidavit to Iredell County, and tried at Fall Term, 1876, of Iredell Superior Court, before Buxton, J. One James James died intestate in Catawba County in the year 1864, leaving a large estate consisting of land, ne-groes, money, notes, &c.
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Advancement — Deed of Gift to Child —Wife’s Distributive Share. Special ProoeediNS commenced in the Probate Court of Catawba County, taken by appeal to the Superior Court of said County, removed on affidavit to Iredell County, and tried at Fall Term, 1876, of Iredell Superior Court, before Buxton, J. One James James died intestate in Catawba County in the year 1864, leaving a large estate consisting of land, ne-groes, money, notes, &c. The parties to this proceeding are •the widow, children and administrators of said intestate. A petition was filed for the sale of land for partition and for…
1Opinion of the CourtPeahsoN, C. J.
On the argument it was agreed that the decision of two points of law will dispose of the case.
1. Father makes a deed of gift to son of several slaves, setting out in the deed that it was “ an absolute gift and was intended as an advancement and was not to be accounted for in the distribution of his estate.” The father dies intestate. Is the value of the slaves to be accounted for among the children as an advancement ?
“ A man has the right to do with his own property as he chooses,” is a proposition agreed to on all hands. The restriction is he shall not interfere with the rights of other…
2Cited by6 opinions
- Harper v. . HarperSupreme Court of North Carolina · 1885
- Thompson v. . SmithSupreme Court of North Carolina · 1912
- Melvin v. . BullardSupreme Court of North Carolina · 1880
- Nobles v. . DavenportSupreme Court of North Carolina · 1922
- Kiger v. . TerrySupreme Court of North Carolina · 1896
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