Waller v. Forsythe
Waller v. Forsythe
62 N.C. 353
Waller v. Forsythe
Opinion of the Court
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.
Decree accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.