{
  "id": 8686642,
  "name": "JAMES M. JESSUP, EX'R., against ELIZABETH ANN JESSUP AND OTHERS",
  "name_abbreviation": "Jessup v. Jessup",
  "decision_date": "1853-06",
  "docket_number": "",
  "first_page": "179",
  "last_page": "181",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Busb. Eq. 179"
    },
    {
      "type": "official",
      "cite": "45 N.C. 179"
    }
  ],
  "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": 252,
    "char_count": 3571,
    "ocr_confidence": 0.562,
    "sha256": "381d090b051092e1a5f1ada522f859e095f79d9e97fccc0c2a0973a833c8b621",
    "simhash": "1:3b0b30d312aff492",
    "word_count": 665
  },
  "last_updated": "2023-07-14T19:33:11.169927+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JAMES M. JESSUP, EX\u2019R., against ELIZABETH ANN JESSUP AND OTHERS."
    ],
    "opinions": [
      {
        "text": "Pearson, J.\nThe will of Isaac Jessup contains this clause:\u2014 Item \u2014 \u201c I give to my wife three negroes, Fortune, Penny and Sam, one gray horse, one hundred dollars in money, and all the property I got with herd'1 He then gives specifically his other ne-groes to his children, and the sixth item is in these words : \u201c It is my will, that all my property whatever, not otherwise disposed of in this my last will, shall be sold, and the money, together with what I now have on hand and what will be collected from notes, shall be equally divided between,\u201d &c.\nThe wife of .the testator was the daughter of one Jones, who died about two years before the testator, leaving a will, by which he gives to his \u201c son-in-law, Isaac Jessup, a negro, named Jack.\u201d He also gives to two other sons-in-law a negro, and to his son-in-law, John Plummer, he gives five dollars y but he gives other property \u201c to his daughter, Susan, the wife of Plummer, for her sole and separate use and behoof.\u201d The question is, does Jack pass to the widow by the words u all the property I got with her,\u201d or does he fall under the residuary clause ? We are of opinion that it was the intention of the testator to give Jack to his wife. The word with does not necessarily mean \u201c at the same time,\u201d and is frequently used in the sense of the instrument or means by which a thing is done : e. g., I strike with a stick \u2014 I pull down the limb of a tree with a hook \u2014 I get property with my wife, i. e. by means of, as a consequence of our marriage.\nIf a father-in-law puts a slave into the possession of a son-in-law, or makes him a deed of gift, and dies intestate, can the son-in-law claim a share of the estate in right of his wife, without bringing the slave into hotchpot? He \u201c got \u201d the slave in consequence of, by means of his marriage, that is, with his wife, and whether it was at the very time of the marriage or afterwards, can make no difference in law. Should property be given or bequeathed to a wife, when by act of law it passes eo instanti to the husband, unless the words limit it to the separate use and maintenance of the wife ? It is to all intents and purposes property e< got with his wife.\u201d\nThat it was the intention of the testator to give the slave, Jack, to his wife, is put beyond all question by the fact, that all of his other slaves are specifically bequeathed ; and Jack is not disposed of, unless he passes under the words \u201c the property I got with her,\u201d and is left to fall under the residuary clause, which, from the context and the manner of its introduction, was evidently intended to cover the small 'matters not before expressly disposed of.\nWe think the widow is entitled to Jack ; but the cost of this application for,a construction of the will, must be paid out of the funds of the estate, as it was for the interest of all of the parties to have the question definitely settled.\nPer Curiam. Decree accordingly.",
        "type": "majority",
        "author": "Pearson, J."
      }
    ],
    "attorneys": [
      "Banks, for the plaintiff.",
      "D. Reid, for the defendants."
    ],
    "corrections": "",
    "head_matter": "JAMES M. JESSUP, EX\u2019R., against ELIZABETH ANN JESSUP AND OTHERS.\nIii a will, the words \u201c I give to my wife all the property I got with her,\u201d will pass all the property received by the testator in consequence of his marriage, whether at the very time of the marriage, or afterwards. *\nThis bill was filed at Spring Term, .1853, of the Court of Equity for Cumberland county, by the plaintiff, to obtain a construction of his testator\u2019s will. At the same Term the cause was set for hearing upon bill and answer, and transmitted to this Court.\nNo statement is required beyond what appears in the opinion.\nBanks, for the plaintiff.\nD. Reid, for the defendants."
  },
  "file_name": "0179-01",
  "first_page_order": 187,
  "last_page_order": 189
}