Opinion
(Spring Riding, 1802.)
Slaves, to whom the wife has a right in remainder, do not vest in the husband so as to entitle his executor to claim them, in the event of his dying during the coverture before they come into possession, but they survive to the wife.
DETINUE for a negro. Old Mr. Taylor, by deed of gift, gave the negro to his daughter Sarah, reserving the use to himself and his wife, and the survivor. Sarah married Neale. He died, leaving a son, who married and died, leaving a wife and child; the child died. Old Mr. Taylor is dead, and his wife also. Upon this evidence — (184)
Harris insisted that plaintiff had a right to recover.
Haywood, for defendant, insisted that Sarah, were she alive, would not be entitled to recover, and of course her administrator could not.
It is perfectly well settled that the husband is not entitled to the remainder of a chattel belonging to the wife at the time of the intermarriage. (186)
Verdict for plaintiff.
Quere de hoc.
NOTE. — See the note to Lewis v. Hines, 2 N.C. 278, and, in addition to the cases there cited, see Johnston v. Pasteur, 1 N.C. 582; Norfleet v. Harris, ibid., 517; Walker v. Mebane, 5 N.C. 41; Knight v. Leak, 19 N.C. 133; Revel v. Revel, 19 N.C. 272; Hardie v. Cotton, 36 N.C. 61; Poindexter v. Blackburn, ibid., 286.
Cited: Weeks v. Weeks, 40 N.C. 120 (but under erroneous title of Blount v. Haddock).