Mayow's Case

Court of King's Bench

Mayow's Case

1 N.C. 679

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 679 (Mayow's Case) is published on Counsel Stack Legal Research, covering Court of King's Bench primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mayow's Case, 1 N.C. 679 (kingsbench 1793).

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Opinion

You have had administration granted to you, and the other party, J. F., appeals because, he says, you suppress a will; and the matter remains undiscussed, and perhaps you are a proper person to be administrator or executor here. If the eldest son ousts his mother at the time of the death of his ancestor, and the youngest son enter, he is not accounted a disseizor, for the law presumes that he preserves the possession for his brother. But if, when the eldest brother returns, he keeps possession, the law will not have so good an opinion of him, and he is a disseizor. No prohibition was granted. Palm., 416; Bulst., 314.

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You have had administration granted to you, and the other party, J. F., appeals because, he says, you suppress a will; and the matter remains undiscussed, and perhaps you are a proper person to be administrator or executor here. If the eldest son ousts his mother at the time of the death of his ancestor, and the youngest son enter, he is not accounted a disseizor, for the law presumes that he preserves the possession for his brother. But if, when the eldest brother returns, he keeps possession, the law will not have so good an opinion of him, and he is a disseizor. No prohibition was granted. Palm., 416; Bulst., 314.

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Bluebook (online)

1 N.C. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayows-case-kingsbench-1793.