Opinion · Nclaw North Carolina
HELME v. GUY, 6 N.C. 341 (1818)
6 N.C. 341
- Type
- Opinion
- Court
- Nclaw North Carolina
- Jurisdiction
- Nclaw
- Date
- 1818-01-01
- Topic
- general
HELME v. GUY, 6 N.C. 341 (1818) HELME AND OTHERS v. GUY.Supreme Court of North Carolina July Term, 1818. From Johnston. Where a testator owned a large body of land, composed of several tracts, acquired at different times and known by different names, and living on one of the tracts known by a distinct name, devised in these words, "I give and bequeath to my son, W.
Citator
UpLaw has not yet analyzed HELME v. GUY, 6 N.C. 341 (1818). The absence of a flag is not a finding that it is good law.
HELMEv. GUY,6 N.C. 341(1818)
HELME AND OTHERS v. GUY.
Supreme Court of North Carolina
July Term, 1818.
"Item: I give and bequeath to my son, William Henry Guy, the tract of landwhereon I now live, including the plantation, together with all theappurtenancesthereunto belonging." After giving to his son several negroes, he thus proceeds: "The residue of my property to be equally divided between my son, William Henry Guy, and my daughter, Ann Eliza Helme."
It appeared that the testator was possessed of many tracts of land, acquired at different times and composing a large body, and lived on a tract which was called "the Ben. Radcliffe tract"; many of the other tracts had also names by which they were distinguished.
Had he said "the lands" on which he lived, there might have been doubt; but we are clear that, according to the manner in which hehasexpressed himself, the devise extends no further than to that distinct tract; and the word "appurtenances" can have no other or greater meaning than to comprehend things in the nature ofincidentsto this tract. There must be a decree for partition.Page 250
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