Supreme Court of North Carolina, 1825

Erwin v. Kilpatrick

Erwin v. Kilpatrick
Supreme Court of North Carolina · Decided June 15, 1825 · Rest, Taylor
10 N.C. 456

Erwin v. Kilpatrick

Opinion of the Court

Taylor, Chief Justice.

Ever since the case of Timms v. Potter, the question arising in this case has been considered at rest; and it would he attended with the most mischievous consequences again to draw it into controversy. It has now become a fixed rule of property, that the increase of slaves, born during the life of the legatee for life, belong to the ulterior legatee who is the absolute owner. The judgment must be affirmed.

The rest of the Court concurring;

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.