Knight v. . Knight
Supreme Court of North Carolina
Cause removed from the Court of Equity of Edgecombe county. In the- last will' and testament of Lewis Barlow is contained the following clause : “ I leave to my son Billy Blount Barlow, during bis natural life, the following negroes, namely : Paul, Prank, Maria, and Sam, and increase of any; and should my son aforesaid have a lawful'Adir or hews begotten of his body, then the above-named negroes to- them and their heirs forever ; but in case my son aforesaid die without…
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Cause removed from the Court of Equity of Edgecombe county. In the- last will' and testament of Lewis Barlow is contained the following clause : “ I leave to my son Billy Blount Barlow, during bis natural life, the following negroes, namely : Paul, Prank, Maria, and Sam, and increase of any; and should my son aforesaid have a lawful'Adir or hews begotten of his body, then the above-named negroes to- them and their heirs forever ; but in case my son aforesaid die without lawful heirs as aforesaid,, the above-named negroes I give to the heirs lawfully begotten of the body of my daughter Louisa…
1Opinion of the CourtPeaesoN, J.
It appears by the will that the testator knew that his daughter Louisa was alive, hence the limitation to the heirs of her body must mean her children or descendants, (so as to take in a grand-chilcl, if the parent be dead). This is a familiar rule of construction, as a -consequence of the axiom nemo est hieres viventis.
We have then, a limitation of slaves to Billy B. Barlow for life, remainder to the children of Louisa Knight. Barlow is dead. The defendants are children of Mrs. Knight, who were born at the time of his death; the plaintiffs are children born since his death. The question is,…
2Cited by8 opinions
- Wachovia Bank & Trust Co. v. StevensonSupreme Court of North Carolina · 1928
- Wise v. Leonhardt.Supreme Court of North Carolina · 1901
- Fulton v. . WaddellSupreme Court of North Carolina · 1926
- Moseley v. . KnottSupreme Court of North Carolina · 1937
- Rigsbee v. . RigsbeeSupreme Court of North Carolina · 1939
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