15 N.C. 512 | N.C. | 1834
The testator in the year 1833, married Harriet Beasley, who then was, and still continued an infant. At (513) the time of the marriage, the wife was entitled with the other defendants, also infants, to several negroes, who had been hired out by their guardian for that year. The testator died before the expiration of the year, for which the slaves were thus hired, never having had any actual possession of them.
His Honor, Judge Martin, upon these facts, at the last term of Chowan Superior Court, directed a division of the slaves to be made according to the prayer of the petition, and the defendants appealed.
The point of law raised in this case, has been decided by the Court in favor of the plaintiff in Whitaker v. Whitaker,
The opinion of this Court is, that an undivided part of the slaves mentioned, belong to the plaintiff as administrator, and that he has a right to have partition of them in this way, by virtue of a late act of Assembly. We are of opinion that the interlocutory order of the Superior Court was correct, and order it to be so certified to the Superior Court (514) of law of Chowan County, and that Court will proceed in the case to a final judgment.
PER CURIAM. Order affirmed.
Cited: Miller v. Bingham,