Reports of Cases in Equity Argued and Deternined [sic] in the Supreme Court of North Carolina: From December Term, 1853, to [June Term, 1863], Both Inclusive, Volumen1

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Página 147 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 163 - If there be no previous interest given in the legacy, then the period of division is the death of the testator, and the survivors at his death will take the whole legacy.
Página 104 - It is defined in the old books to be, the unlawful maintenance of a suit, in consideration of some bargain to have part of the thing in dispute, or some profit out of it...
Página 186 - That is, in all cases, most unsatisfactory evidence, on account of the facility with which it may be fabricated, and the impossibility of contradicting it. Besides, the slightest mistake, or failure of recollection, may totally alter the effect of the declaration.
Página 104 - So in a late case it was held, that an agreement to communicate such information as should enable a party to recover a sum of money by action, and to exert influence for procuring evidence to substantiate the claim, upon condition of receiving a portion of the sum recovered, was illegal.
Página 104 - ... &c. (2 Hawk. Pleas of the Crown, by Leach, B. 1, ch. 86, \ 4). Mr. Russell (on Crimes, Vol. 1, B. 2, ch. 21, p. 266) says; Maintenance seems to signify an unlawful taking in hand, or upholding of quarrels or sides to the disturbance or hindrance of common right.
Página 164 - In this state of the authorities, one scarcely need hesitate to affirm that the rule which reads a gift to survivors simply as applying to objects living at the death of the testator, is confined to those cases in which there is no other period to which survivorship can be referred; and that where such gift is preceded by a life or other prior interest, it takes effect in favor of those who survive the period of distribution, and of those only.
Página 107 - State, or so much of the common law as is not destructive of, or repugnant to, or inconsistent with, the freedom and independence of this State and the form of government therein established, and which has not been otherwise provided for in while or in part, not abrogated, repealed, or become obsolete, are hereby declared to be in full force within this State.
Página 113 - ... no devise in writing of lands, tenements or hereditaments, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same...
Página 246 - Georgia statute providing that "if any such illegitimate or natural-born child shall die intestate, without leaving any child or children, his or her estate, as well real as personal, shall descend to and be equally divided among his or her brothers and sisters, born of the body of the same mother, and their representatives, in the same manner and under the same regulations and restrictions as if they had been born in lawful wedlock...

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