Erwin v. Kilpatrick

Decided June 15, 1825

Supreme Court of North Carolina · decided 1825-06-15

v I From Rowan. J This was a petition, filed in the Court below against the defendants as executors of the last will of William Erwin, deceased. The petition stated, that the petitioners were the daughters of the testator, who having made a last will and testament, died, and that the defendants proved the will and assumed the execution thereof.

Decided 1825-06-15

Taylor, Chief Justice.

¶1Ever 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;

¶2Judgment affirmed.