Sawyer v. . Trueblood

Supreme Court of North Carolina

Sawyer v. . Trueblood

5 N.C. 190

CourtSupreme Court of North Carolina

DecidedJuly 5, 1808

StatusPublished

Cited by1 cases

This text of 5 N.C. 190 (Sawyer v. . Trueblood) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sawyer v. . Trueblood, 5 N.C. 190 (N.C. 1808).

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Opinion

There being no words of severance in the devise to the daughters, it *Page 151 would at common law have been a joint tenancy; but by the act of 1784 it is converted into a tenancy in common. (191) Each of the daughters, then, had a fifth of the residue bequeathed to her in common, and the shares of those who died in the lifetime of the testator must be considered as so much of the testator's property undisposed of by will. As to those, the bequests have become void and cannot be claimed by the survivors.

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There being no words of severance in the devise to the daughters, it *Page 151 would at common law have been a joint tenancy; but by the act of 1784 it is converted into a tenancy in common. (191) Each of the daughters, then, had a fifth of the residue bequeathed to her in common, and the shares of those who died in the lifetime of the testator must be considered as so much of the testator's property undisposed of by will. As to those, the bequests have become void and cannot be claimed by the survivors.

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Bluebook (online)

5 N.C. 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sawyer-v-trueblood-nc-1808.

Opinion

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