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3 N.C. 62

Anonymous

Superior Court of North Carolina · decided 1798-05-15

ADIES, leaving a widow and children, and his personal estate is divided amongst them ; then one of the children acquires some additional property and dies ; that part of his estate which come from the father was divided amongst the mother and children ; but as to the acquired part, the mother claimed the whole, as next of kin — and her counsel insisted that the act of 1766, ch. 3, sec. 1, (“And if after the death of the father, any of his children shall die intestate in the…

Decided 1798-05-15

Per curiam.

¶1The clause in question was passed for the reasons given at the bar, and it is general, not distinguishing between different parts of the child’s estate, as it probably would have done had the legislature entertained the design attributed to them. The reason of the clause holds equally strong in the .case of property acquired by a child, as it does in respect of pro;perty derived from his father, he could in all probability prefer his own brothers and sisters to a father in law and his relations, or even to the children of his mother by him.

¶2Let the mother have an equal share only with each brother and sister.

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