Fairly v. . Priest
Supreme Court of North Carolina
Cause transferred from the Court of Equity of Richmond county. This cause was before the Court, December Term, 1856, ante, 21. The bill alleges that the plaintiff is the illegitimate son of Elora Priest, who afterwards intermarried with Daniel Lytch; that Angus Priest, her father, devised and bequeathed as follows: “First, I give and bequeath to my son, Archibald Priest, all my lands with their improvements, reserving the right and privilege to my daughters, Elora Priest,…
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Cause transferred from the Court of Equity of Richmond county. This cause was before the Court, December Term, 1856, ante, 21. The bill alleges that the plaintiff is the illegitimate son of Elora Priest, who afterwards intermarried with Daniel Lytch; that Angus Priest, her father, devised and bequeathed as follows: “First, I give and bequeath to my son, Archibald Priest, all my lands with their improvements, reserving the right and privilege to my daughters, Elora Priest, Elizabeth Priest and Sarah Priest, to remain in the occupancy of the said land in common with my son Archibald, as long as…
1Opinion of the CourtBattle, J.
When this case was before us on a demurrer at December Term, 1856, (see ante 21,) it was held that the plaintiff was entitled to the share which accrued to the mother as one of the survivors upon the deatli of Elizabeth Priest, intestate and without issue. The question whether the plaintiff is entitled to the original share given to his mother by her father’s will, and which was there said would bean interesting question of construction, is now presented to us by the pleadings which followed the over-ruling of the demurrer.
Upon a fair construction of the will of Angus Priest, and the…
2Cited by8 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Harrell v. . HaganSupreme Court of North Carolina · 1908
- Sullivan v. . ParkerSupreme Court of North Carolina · 1893
- Bell v. . KeeslerSupreme Court of North Carolina · 1918
- Safe Deposit & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1940
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