Waller v. Forsythe

Supreme Court of North Carolina
Waller v. Forsythe, 62 N.C. 353 (N.C. 1868)
Pearson

Waller v. Forsythe

Opinion of the Court

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.

Reference

Full Case Name
JAMES WALLER Ex'r &c. v. WILLIAM FORSYTHE Ex'r. &c.
Cited By
5 cases
Status
Published