{
  "id": 8681591,
  "name": "JOHN G. HARVEY & WIFE vs. WILLIAM R. SMITH & AL.",
  "name_abbreviation": "Harvey v. Smith",
  "decision_date": "1851-06",
  "docket_number": "",
  "first_page": "182",
  "last_page": "184",
  "citations": [
    {
      "type": "nominative",
      "cite": "7 Ired. Eq. 182"
    },
    {
      "type": "official",
      "cite": "42 N.C. 182"
    }
  ],
  "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": {
    "cardinality": 206,
    "char_count": 3801,
    "ocr_confidence": 0.486,
    "sha256": "f118c48cc89da5f6a066fc030a2b7059d3f5d70eb81947427fd425bb9856f7f5",
    "simhash": "1:1fd26057743aa89f",
    "word_count": 679
  },
  "last_updated": "2023-07-14T20:41:16.136784+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JOHN G. HARVEY & WIFE vs. WILLIAM R. SMITH & AL."
    ],
    "opinions": [
      {
        "text": "Pearson, J.\nWhat disposition is made of the profits of this half of the estate, until Mrs. Harvey becomes a widow ? Is the fund to be increased by accumulation ? Are the children of Mrs Steptoe, now living, to have the profits ? or are the profits undisposed of \u2014 \u201c casus omissus ?\u201d There is no direction for an accumulation, and nothing from which it can be implied. The children of Mrs. Steptoe, who may be living at the death of Mrs. Harvey, are then to take the principal fund ; but there is nothing to show, that the children, now living, are to take the profits. We are, therefore, forced to the conclusion, that the profits are undisposed of, and, of course, belong to the next of kin of the testatrix. It must be declared to be the opinion of this Court, that the plaintiffs are entitled to one half of the said profits, until Mrs. Harvey becomes a widow or dies. ..\nIt may be, that, if she \u201c becomes a widow and has not a sufficiency for her support,\u201d she may be entitled to call for all'of the profits or the one half of the estate. That depends upon circumstances, and is not now before us.\nPee Cukiam Decree accordingly.",
        "type": "majority",
        "author": "Pearson, J."
      }
    ],
    "attorneys": [
      "Bragg, for the plaintiff.",
      "B. F. Moore, for the defendant,"
    ],
    "corrections": "",
    "head_matter": "JOHN G. HARVEY & WIFE vs. WILLIAM R. SMITH & AL.\nA testatrix devised as follows : \u201c 1 give and bequeath to my brother J., the other half of my estato, in trust for the benefit, maintenance and support of my daughter A , provided she become a widow and has not a sufficiency for her support, during her life, and, at the time of her death (or should her eituation require it) to be equally divided between the children of my daughter Ann Steptoe, then alive, or their issue,\u201d and should eithbr of them dio without issue, then their part to be equally divided between the survivors or their issue.\nHeld, that, there being no direction for an accumulation, the profits, accruing during the coverture of A, belong to the next of kin of the testatrix.\nCause transmitted to the Supreme Court from the Court of Equity of Halifax County, at the'Spring Term, 1851.\nFrom \u2022 the pleadings, the facts, so far as they relate to this bill, appeared to be these:\nEliza Nelms, by her will, devised as follows : \u201c 2ndly, I give to my brother James W. Cotton, the following property in trust for the benefit, and support, and maintenance of my daughter Ann W. Steptoe, during her life; at her death to be given to her children, then alive, or their issue, and should either of them die without issue, their part to be equally divided between the survivors on their issue.\u201d (Here the property is described.) \u201c Thirdly, I give and bequeath to my said brother James W. Cotton, the other half of my estate, in trust for the benefit, maintenance, and support of my daughter Adeline Harvey, provided she becomes a widow, and has not a sufficiency for her support during her life, and at the time of her death (or should her situation require it,) to be equally divided between the children of my daughter Ann Steptoe, then alive, or their issue, and should either of them die without issue, then their part to bs equally divided between the survivors or their issue.\u201d\nThe bill which was filed by Adeline Harvey and her husband against the trustee, the executor of Eliza Nelms and Ann W. Steptoe and her children, claimed that the profits of the property devised in the third clause, accruing during the coverture of the said Adeline, were undisposed of, and should be divided by the trustee or executor, between the next of kin of the said Eliza, who were the said Adeline and the defendant Ann W. Steptoe. The defendants, Ann and her children, insisted in their answer, that such profits would, at the death of Ann, go, in the same manner as the principal, to those of them who would be then entitled under the will to the principal.\nBragg, for the plaintiff.\nB. F. Moore, for the defendant,"
  },
  "file_name": "0182-01",
  "first_page_order": 192,
  "last_page_order": 194
}