Waller v. Forsythe

62 N.C. 353
Supreme Court of North Carolina·Decided January 15, 1868·Published·Cited by 5 cases

Opinion

Pearson, O. J.

The division must be per capita. Each of the children of Nancy take a share equal to the shares of John and William, the sons of the testator. This is the general rule, which has been acted upon by the courts, and in our case there is nothing special to take it out of the general rule.

There will be a decree according to this opinion; costs to be paid out of the fund.

Per Curiam.

Decree accordingly.

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Waller v. Forsythe, 62 N.C. 353 (N.C. 1868).

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