Knight v. Knight

• Court: North Carolina Supreme Court
• Writing for the Court: PEARSON
• Citation: Knight v. Knight, 3 Jones 167, 56 N.C. 167 (N.C. 1857)
• Decision Date: 30 June 1857
• Parties: JOSEPH KNIGHT and others v. JOHN L. KNIGHT and others.

3 Jones Eq. 167

56 N.C. 167

JOSEPH KNIGHT and others

v.JOHN L. KNIGHT and others.

Supreme Court of North Carolina.

June Term, 1857.

A limitation by will, to the heirs or the heirs of the body of one known by the testator at the time of the making of the will to be alive, is construed to mean the children, and the descendants of deceased children, of such person.

Where a legacy is given to a class, if there be no intermediate estate, the class is enumerated at the death of the testator; but where there is an intermediate estate, the class is enumerated at the end of such intermediate estate.

The next of kin of one of the class, who is since dead, whether born before the termination of the intermediate estate, or after that event, are entitled to his share.

CAUSE removed from the Court of Equity of Edgecombe county.

In the last will and testament of Lewis Barlow is contained the following clause:

“I leave to my son Billy Blount Barlow, during his natural life, the following negroes, namely: Paul, Frank, Maria, and Sam, and increase of any; and should my son aforesaid have a lawful heir or heirs begotten of his body, then the above-named negroes to them and their heirs forever; but in case my son aforesaid die without lawful heirs as aforesaid, the above-named negroes I give to the heirs lawfully begotten of the body of my daughter Louisa Knight, to them and their heirs forever.” In another part of the will is a bequest to Louisa Knight.

The legatee for life, B. B. Barlow, received the said slaves, with the assent of the executor, and held them for several years, when he died intestate, without leaving any issue or the descendants of such. At the death of the tenant for life, Mrs. Louisa Knight had the following children, who were all then alive, to wit, John L. Knight, David B. Knight, Sarah L. Knight, Luther B. Knight and Peter E. Knight; but, after that event, the said Peter E. died, and Joseph Knight administered on his estate. These children of Mrs. Knight, and the administrator of the deceased, P. E. Knight, are made defendants.

The plaintiffs are the children of Mrs. Louisa Knight also, but born since the death of the holder of the life-estate, Billy B. Barlow.

The bill seeks for the plaintiffs, as constituting part of the class described, a share of the said slaves, and a share of the part of Peter E. Knight, deceased, of whom they, with the defendants, are the next of kin.

The defendants answered, insisting that only such children of Louisa Knight as were born when B. B. Barlow died, can, by the rules of interpretation applicable to this will, come within the description of the persons entitled.

The cause was set down for hearing upon the bill, answer and exhibit, and sent to this...