Helme v. . Guy

6 N.C. 341

• Court: Supreme Court of North Carolina
• Decided: July 5, 1818
• Status: Published

Opinion

Seaw ERR, Judge,

delivered the opinion of a majority of the Court:

From all the circumstances of this case, it seems impossible to doubt about the meaning of the testator. He liad a large body of land composed of different tracts, and know'll by different names, the one he lived on was called the “ Ben Radcliffe tract,” and he devises the tract on which he lived to his son William Henry, together with all the appurtenances.

Had lie said, “ the lands,” on which lie lived, there might have been doubt •, but we are clear, that according to the manner in which lie has expressed himself, the devise extends no further than to that distinct tract; and the word “ appurtenances” can have no other or greater meaning, than to comprehend things in the nature of incidents to this tract. There must be a decree for partition.