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20 N.C. 326

Lewis v. Smith

Supreme Court of North Carolina

Decided June 15, 1839

Supreme Court of North Carolina · decided 1839-06-15

This was an action of Detinue for a negro woman slave, named Dorcas, and her two grand-children, Jim and Maria. Plea — non detinet.

Decided 1839-06-15

Gastoíst, Judge.

¶1We entirely approve of the instructions in this case. No position can be better established than the assent of an executor to a bequest for-life, where, up-*328the termination of the life estate, it is not necessary for the purposes of the will, that the executor should retake possess-of the thing bequeathed, operates as an assent also to the ulterior bequests.. And the jury, in this case, not only could have inferred, but was bound to infer, such an assent from the possession of the tenant for life, himself also the executor, for thirty years, .under a claim of property. The judgment is affirmed with costs.

¶2Per Curiam. • Judgment affirmed.

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