Master E. Wright will be the ring bearer and little Miss Nancy Fitzgerald, daughter of Mr. Ben Fitzgerald, of Pelham, will be flower girl. Paul V. Ben R. Fitzgerald, Dr.
John J. Neal, of Danville, T. Stokes, of Lexington, and Dick Stokes, of Ruffin, will be groomsmen. Harry Lee Fowlkes was married three times, in the following order: 1. Nesbit Magdalne Watlington 2. Mary Chandler Stokes Swann 3. Clyde Carrithers Allison Page Because not all the marriage dates are known the database may not display the proper order.
It is, however, as shown above. Search First Name:. Last Name:. Family 1. Family 2.
Mary Swann Fowlkes, of Pelham, N. In Mary, the widow, died intestate, and at her death she left surviving her daughter, Mrs. Blackburn, and her grandchildren and great grandchildren above mentioned, namely, Thomas Madeiras and Alfred Madeiras, the sons of her deceased daughter Susannah Madeiras, and Louisa Barron and Susannah Barron, the daughters of the said Betsy Barron, deceased.
William Poindexter also took administration of the estate of Mary the widow. It does not appear that at the death of the widow any of the stock or furniture which were given to her for life remained specifically. But she left on the plantation a crop raised or growing thereon, and also stock purchased by her or the product of that given to her by the testator. Those articles the executors of her husband claim, to be sold and disposed of under the will, namely, to be equally divided between Mrs. Blackburn and the representative of Nancy Waggoner.
But Poindexter sold the same as administrator of Mary, the widow, and holds the proceeds for distribution amongst her next of kin.
Poindexter v. Blackburn, 36 N.C. | Casetext
After the death of Mrs. Waggoner Poindexter, as administrator of Nancy Waggoner, also sold the five slaves bequeathed in remainder to her with their increase, and holds the proceeds subject to distribution. Holland and Fulse then also sold the negro Hannah, which was given in remainder to the daughters Nancy and Winifred. To Mrs.
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Blackburn, Thomas Madeiras assigned his distributive share of the estate of his deceased aunt, Nancy Waggoner, and to Phillip Barron he assigned his share of the estate of his deceased grandmother. William Blackburn, the husband of Winifred, died in intestate, and administration on his estate was granted to John Blackburn and Madison Blackburn. They now claim the legacy given by the testator to Mrs. Blackburn, and also her distributive share in her sister Nancy's estate, as having vested in their intestate as husband, whereas she claims each as having survived to her. The bill is filed by Holland and Fulse, the executors of Gabriel Waggoner, and by Poindexter as administrator of his two intestates against Mrs.
Blackburn and the administrators of her late husband, and also against Alfred Madeiras and Phillip Barron, and against Susannah Barron and Louisa and her husband John Lowry, praying that it may be declared, first, to which estate the crop and stock left at the death of Mrs. Waggoner belong, that of herself or of the testator; second, whether the legacy and distributive share of Mrs. Blackburn belong to her or to the administrators of her late husband; third, who are the next of kin of Nancy Waggoner, deceased, and in what proportions they take, and particularly whether her mother, Mary, was entitled to any and what part of her estate, and whether Susannah Barron and her sister Louisa are entitled to any and what part thereof; fourth, who are the next of kin of Mary Waggoner, deceased, and in what proportions; and particularly whether the said Susannah Barron and Louisa are entitled to any and what part of her estate.
The defendants have answered and submit to any decree the Court may deem just. There seems to be so little difficulty in solving the questions propounded in the bill that we are somewhat at a loss for a reason for its having been filed. The most important point in its consequences to the parties is that between Mrs. Blackburn and her husband's administrators, and upon that there is no doubt.
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A legacy given to a married woman or a distributive share falling to her during coverture, and not received by the husband or disposed of by him in his lifetime, survives to the wife. These points have been so recently ruled by us that we need only refer to the cases of Revel v.
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Revel , 18 N. Cotton, ante , The administrators of the husband can get nothing in the premises. Any of the articles given specifically by the testator and remaining in specie at the death of the widow Mary belonging to the daughters Nancy and Winifred under the will. The proceeds of all these articles are to be distributed in the course of administration amongst Mrs. Waggoner's next of kin. Those next of kin are the intestate's daughter and only surviving child, Mrs.
Bynum, William Preston
Blackburn, to whom one-half of her mother's estate belongs; her grandsons, Thomas Madeiras and Alfred Madeiras, to each one-third of one moiety; and her great-granddaughters, Louisa and Susannah, one-third of one moiety between them, or to each one-sixth thereof. These persons all represent Betsey, a deceased daughter of the intestate Mary.
By the act of , ch. By the act of no representatives are admitted amongst collaterals after brothers' and sisters' children. Consequently Susannah Barron and Louisa, her sister, take no part of the estate of the intestate Nancy Waggoner.
Pett v. Pett , 1 Salk. Raymond, By the express terms of the last provision in the act the previous right of the mother, after the death of the father to succeed to the whole estate of a child, dying without wife or child, is cut down to an equality with every brother and sister and the representative of them.