{
  "id": 8696141,
  "name": "Helme & others, v. Guy",
  "name_abbreviation": "Helme v. Guy",
  "decision_date": "1818-07",
  "docket_number": "",
  "first_page": "341",
  "last_page": "342",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Mur. 341"
    },
    {
      "type": "official",
      "cite": "6 N.C. 341"
    }
  ],
  "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": 181,
    "char_count": 2621,
    "ocr_confidence": 0.363,
    "sha256": "713be6cadb8d7d7c9cd5eb6bcec3eef415355dc6d2939dbf9b6b4f1e9ca9ea51",
    "simhash": "1:dda4e08ebf82b673",
    "word_count": 459
  },
  "last_updated": "2023-07-14T16:33:35.600243+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Helme & others, v. Guy."
    ],
    "opinions": [
      {
        "text": "Seaw ERR, Judge,\ndelivered the opinion of a majority of the Court:\nFrom all the circumstances of this case, it seems impossible to doubt about the meaning of the testator. He liad a large body of land composed of different tracts, and know'll by different names, the one he lived on was called the \u201c Ben Radcliffe tract,\u201d and he devises the tract on which he lived to his son William Henry, together with all the appurtenances.\nHad lie said, \u201c the lands,\u201d on which lie lived, there might have been doubt \u2022, but we are clear, that according to the manner in which lie has expressed himself, the devise extends no further than to that distinct tract; and the word \u201c appurtenances\u201d can have no other or greater meaning, than to comprehend things in the nature of incidents to this tract. There must be a decree for partition.",
        "type": "majority",
        "author": "Seaw ERR, Judge,"
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "Helme & others, v. Guy.\nFrom Johnston.\nWhere 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, \u201cI give and bequeath to my sonW. H. G the tract of land whereon I now live, including the plantation together with all the appurtenances thereunto belonging,\u201d it was held that he had devised to W. II. G. only the tract on which he lived; the word appurtenances comprehended only things in the nature of incidents to that tract. liad the testator said the lands on which he lived, the construction might have been different.\npetition for partition. \u2014 The petitioners set forth that \u25a0William Guy bad died seised of divers tracts of land, leaving the Defendant and the wife of the petitioner his only children and heirs at law ; and that by his last will, William Guy bad directed the said tracts to be equally, divided between the Defendant and the wife of the petitioner, and prayed a division.\nThe answer denied that the will had directed such a division of the lands, and the clause in question was in the following words:\n\u201c Item \u2014 I give and bequeath to my son William Henry Guy, the tract of land whereon I now live including the plantation, together with all the appurtenances thereunto, belonging 5\u201d after giving to his son several negroes, he thus proceeds, \u201c the residue of my property to be equally divided between my son William Henry Guy and my daughter Ann Eliza He!me.\u201d\nIt appeared that the testator ivas possessed of many tracts of land, acquired at different times and composing a large body, and lived on a tract which was called \u201c the Ben. Radcliffe tractmany of the other tracts had also names by which they wrere distinguished."
  },
  "file_name": "0341-01",
  "first_page_order": 345,
  "last_page_order": 346
}