Haughton v. . Benbury
Supreme Court of North Carolina
Oause removed from the Court of Equity of Chowan County. Jonathan Haughton died in the year 1835, having made a will, in which, among other things, he devised and bequeathed to four of his grand-children, George J. Barney, Mary S. B. Haughton, Samuel T. Haughton, and the plaintiff) John P. Haughton, some land and a large number of slaves, (naming them,) with the following [contingent limitation in remainder: “ And should any of my above named grand-children die without…
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Oause removed from the Court of Equity of Chowan County. Jonathan Haughton died in the year 1835, having made a will, in which, among other things, he devised and bequeathed to four of his grand-children, George J. Barney, Mary S. B. Haughton, Samuel T. Haughton, and the plaintiff) John P. Haughton, some land and a large number of slaves, (naming them,) with the following [contingent limitation in remainder: “ And should any of my above named grand-children die without issue, at their death, then, it is my desire that my above named real and personal estate shall go to the surviving…
1Opinion of the CourtPjeaRsost, J.
It is well settled, that a Court of Equity will protect the interest of one entitled to a i; limitation over” in slaves, after the termination of a life-estate.
If the party is vigilant, and makes application before the slaves are carried out of the State, the relief is plain; i. e., a bond for the forthcoming of the slaves at the termination of the life-estate, which is enforced, if necessary, by a writ of sequestration. When the application is not made until after the slaves are removed, the extent of the relief that will be given is not settled. In Cheshire v. Cheshire, 2 Ire. Eq. 573, the…
2Cited by1 opinion
- Lewis v. . MobleySupreme Court of North Carolina · 1838