Witherington v. . Williams

Superior Court of North Carolina

Witherington v. . Williams

1 N.C. 89

DecidedJuly 5, 1798

StatusPublished

This text of 1 N.C. 89 (Witherington v. . Williams) is published on Counsel Stack Legal Research, covering Superior 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

Witherington v. . Williams, 1 N.C. 89 (N.C. Ct. App. 1798).

Pincite

Opinion

The Legislature, in order to make some provision for his family, directed that one hundred pounds should be deposited in the hands of Richard Caswell, to purchase negroes for the widow and children. Two negroes were purchased, one of whom died; the other was given by the defendant, after her marriage with Williams, to her son, the plaintiff's testator. Mr. Caswell was trustee for the widow and children, to make the purchase; but having done so, the trust was at an end, and the property vested in them as joint tenants. The joint tenancy was served as to the widow, by her intermarriage with Williams; as to the children, by the Act of 1784, and each held a third in severalty. The gift by the defendant to the plaintiff's testator transferred no property, because her third belonged to Williams, upon the intermarriage; and at the time of the gift to his representatives.

The plaintiff, therefore, is entitled to recover but one-third.

Judgment accordingly. *Page 90

(90)

Free access — add to your briefcase to read the full text and ask questions with AI

The Legislature, in order to make some provision for his family, directed that one hundred pounds should be deposited in the hands of Richard Caswell, to purchase negroes for the widow and children. Two negroes were purchased, one of whom died; the other was given by the defendant, after her marriage with Williams, to her son, the plaintiff's testator. Mr. Caswell was trustee for the widow and children, to make the purchase; but having done so, the trust was at an end, and the property vested in them as joint tenants. The joint tenancy was served as to the widow, by her intermarriage with Williams; as to the children, by the Act of 1784, and each held a third in severalty. The gift by the defendant to the plaintiff's testator transferred no property, because her third belonged to Williams, upon the intermarriage; and at the time of the gift to his representatives.

The plaintiff, therefore, is entitled to recover but one-third.

Judgment accordingly. *Page 90

(90)

Cite This Page — Counsel Stack

Bluebook (online)

1 N.C. 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/witherington-v-williams-ncsuperct-1798.