¶1As the will did not begin to operate until the death of the testatrix, no right to Tena vested in William Jones till that time; she remained the property of the testatrix, who was entitled to all the profits arising from her; consequently her children, the negroes in question, were the property of the testatrix at her death; and as they were not specifically bequeathed by her, form part of the residuum of her estate, and are included in the bequest to Ann, the plaintiff, of the remainder of the testatrix’s property.— Judgment for plaintiff.
1 N.C. 310
Jones v. Jones
Supreme Court of North Carolina
Decided June 15, 1801
Supreme Court of North Carolina · decided 1801-06-15
On the 9th day of April, 1787, Margaret Jones made her last will and testament, in which were the following bequests, to wit: — I give and bequeath to my beloved son, William Jones, one negro, named Tena. Should my son Wil- liam die without an heir, in that case all the property herein bequeathed to fall to his sisters, if living.
Decided 1801-06-15