McKay v. . Gilliam
Supreme Court of North Carolina
This was a civil action brought by the plaintiff as the administrator of his deceased wife, Ann B. McKay, against the defendants.
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This was a civil action brought by the plaintiff as the administrator of his deceased wife, Ann B. McKay, against the defendants. The facts set forth in the complaint were substantially as-follows: Ebenezer Pettigrew died in 1848, leaving a will, in which he bequeathed to his daughter Ann, the intestate of the plaintiff, twelve thousand dollars, which was charged upon a valuable tract of land called the Magnolia place, devised to her brother, William S. Pettigrew; that William S. Pettigrew afterwards, in 1861, conveyed to his sister another tract of land which his father in his life time had…
1Opinion of the CourtPearson, C. J.
Tbe effect of tbe deed, William to Ann Pettigrew, in 1861, for tbe Belgrade place, &c., was to satisfy tbe legacy of $12,000, and to rebeve tbe “ Magnolia place ” from tbe charge of its payment.
Tbe question is, as to tbe effect of tbe arrangement entered into between them, and of tbe deeds executed in pursuance thereof, in May, 1863, in contemplation of her marriage.
Tbe arrangement was, that tbe deed of 1861, should be set aside, and tbe legacy of $12,000 be revived, to be secured by tbe Belgrade place, &c., instead of tbe Magnolia place; which was charged with the legacy by tbe will of tbe…
2Cited by9 opinions
- McDowell v. LockhartSupreme Court of North Carolina · 1885
- Gibson v. . BarbourSupreme Court of North Carolina · 1888
- Councill v. . BaileySupreme Court of North Carolina · 1910
- Jones v. . PullenSupreme Court of North Carolina · 1894
- Jno. S. Reese & Co. v. ColeSupreme Court of North Carolina · 1885
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