{
  "id": 11274874,
  "name": "Elizabeth Jourdan et al. v. Simon Green et al.",
  "name_abbreviation": "Jourdan v. Green",
  "decision_date": "1828-12",
  "docket_number": "",
  "first_page": "270",
  "last_page": "272",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Dev. Eq. 270"
    },
    {
      "type": "official",
      "cite": "16 N.C. 270"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T18:48:17.309620+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Elizabeth Jourdan et al. v. Simon Green et al."
    ],
    "opinions": [
      {
        "text": "Henderson, Judge.\n\u2014 \u2019The words \u201cheirs of Sally Jourdan\" in this case, mean heirs apparent \u2014 next of kin apparent, as the testator in his will takes notice that she is alive, by declaring that he had given her negro Bob.\nThe bequest of negro Adam and Sylla importing a present interest, none of the children of Sally can take-hut those born at the time of making the will j at fur-best, only those born at the testator\u2019s death, and in thi<? case it makes no difference which period of time is ta\u00ab ken, Cpr none were born in the interval,\n^s {-0 {]10 property bequeathed to Sally\u2019s heirs, after the death of his wife, as there was no present interest bequeathed, those take who were born before the wife\u2019s death. It is sufficient if they answer the description, when an interest vests in possession. This rule was adopted by the old Supreme Court, in the construction of the will of one Rogers. If we could, we would give the property to ai! Sally\u2019s children, no matter when born, but we cannot depart so far from the words of the will.\nWe shall declare that Betsey, John, Burwell, Ferry, Eliza & Martha, (those born before the testator\u2019s death) are entitled equally to the negro boy Mam, the negro girl Sylla and her increase, with their hire and profits j and that they with Samuel, James, Sally and Martha, be. ing all the children of Sally Jourdan, born at the death of the testator\u2019s wife, are entitled equally to one half the negroes and other property, bequeathed to Sally Jour-dan\u2019s heirs, after the death of the testator\u2019s wife, including the increase of the females since that time, and the hire, profits and interest. The other half of that property belongs to the testator\u2019s son John ; for all the children, that is all the heirs, take as one person quoad John. \u25a0When liis share is to be ascertained, the Word \u201c heirs\u2019\u201d is nomen collectivum.\nPer Curiam.\n\u2014 Let the decree be entered accordingly.",
        "type": "majority",
        "author": "Henderson, Judge. Per Curiam."
      }
    ],
    "attorneys": [
      "The case was submitted without argument, by W. JT. Maywood, for the Plaintiffs- No Counsel appeared for the Defendants."
    ],
    "corrections": "",
    "head_matter": "Elizabeth Jourdan et al. v. Simon Green et al.\nFrom Franklin.\nThe word Heirs, in a will, Where the testator recognizes the existence of the ancestor, means heirs apparent. In a bequest to J P and the heirs of S J, J P takes a moiety.\nIn such a bequest to heirs, if it be of a present interest, those onlj-take who were born at the date of the will, and perhaps at the death of the testator. But if the interest is expectant upon a life estate^ those take who are born before the expiration of the particular estate.\nBurweix Perry ml the IGtSi of July, 1818, made and published his will, which as far as is material to this case, is as follows :\nss I give and bequeath unto my wife Elizabeth Perry, \u2022s one negro man named Simon, and one named Peter, \u00b0 _ \u00eds and a woman named Suky, together with the balance ss of my stock, and household and kitchen furniture, that Si is left after paying my just debts, to her during her natura! life, and after her death to be equally divided \u201c betvveen my son John, and rny daughter Sally Jourdan9s <s heirs.\nc\u00a3 \u00cd have already given to my daughter Sally Jourdan, \u201c one negro boy Bob. I also give and bequeath to my \u201c daughter Sally Jourdan\u2019s heirs, a negro boy named \u201c Adam, and a negro girl named Sylla 99\nThe bill was filed by the Plaintiffs who arc the chip \u25a0dren of Sally Jourdan, born before the death of the testator JBnrwell Perry. It averred the death of the widow Elizabeth Perry, and the Plaintiffs insisted that they were Entitled to an equal share with John, per capita, of the negroes Simon, Peter and Suky, and her increase.\nThe Defendants who were the children of Sally Jour-dan, horn after the death of the testator, and the assignees of John the son, admitted the facts set forth in the bill, and submitted to such construction as the Court might put upon the will.\nThe case was submitted without argument, by W. JT. Maywood, for the Plaintiffs- No Counsel appeared for the Defendants."
  },
  "file_name": "0270-01",
  "first_page_order": 276,
  "last_page_order": 278
}