Powell v. . Cook

15 N.C. 499

• Court: Supreme Court of North Carolina
• Decided: June 5, 1834
• Status: Published

Opinion

DaNiex, Judge.

As the will did not begin to operate until the death of the testator, no right to the slavo Ferebe was vested in Amelia Cook, until that time. The slave Ferebe only, and not her children born between the date of the will and the death of the testator, passed Id Amelia Cook for her life, (Jones v Jones, Con.Rep.310.) The subsequent words made use of by the testator in Hie same clause of the will which gives the slave Ferebe, to Amelia Cook for life, which words are as follows :— And after her (Amelia Cook's) death, I give the said negro girl Ferebe, and her increase to Pollij Marrit, &c.” — do not, by necessary implication or intendment, carry the increase of Ferebe as well as herself to Amelia Cook for life. To say they did, would, in our opinion be adding words to the will, rather than construing it, which we have no power to do.

We think that the judgment of the Superior Court must be reversed, and that judgment must be rendered for the plaintiffs.

Per Curiam. — Jubgmewt reversed-.