Hyman v. . Williams
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Martin County, at a special Term in June 1851, his Honor Judge Dick presiding. Detinue for a slave Hasty and a horse, which was decided on a case agreed.
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Appeal from the Superior Court of Law of Martin County, at a special Term in June 1851, his Honor Judge Dick presiding. Detinue for a slave Hasty and a horse, which was decided on a case agreed. James Burnett by his will bequeathed and devised as follows : 11 Item 1st: I loan to my wife Charity, one negro man Primus, one negro woman Mahaly, one boy Hampton,, and negro woman Amy; also my wife may take choice of any one of the negro girls belonging to my estate which I may not give away; also two head of horses, such as she may think proper to take; also all my cleared land and as much of the…
1Opinion of the Court
Ruffin. C. J.
The Court holds, that the widow took for her life only. All the gifts to her are in one item or clause, and there is no word of gift in it, but loan” in the beginning. That, to be sure, is improperly used as a verbq but it is the vulgar use of it among the illiterate instead of “lend,” and the sense is’very plain here. It applies to all • the subjects of the bounty to the wife. The argument for the plaintiff is, that the language used in respect of this girl and the horses amounted to independent, and. thetefore,absolute gifts. But, besides the circumstance just noticed, that…
2Cited by4 opinions
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- Faison v. . MooreSupreme Court of North Carolina · 1912
- Montgomery v. McPhersonMississippi Supreme Court · 1905