John Watkins the younger, took the lands by descent from his father. In such case the mother is not entitled to the lands upon his death, either under the 7th section of the act of 1784, ch. 22, or the 2d section of the act of 1787, ch. 19. The lessors of the. Plaintiff are entitled-to the land. — Let judgment be entered accordingly.
Den on demise of Wilsay v. Sawyer, 5 N.C. 493, 1 Mur. 493 (1810)
July 1810
·
Supreme Court of North Carolina
5 N.C. 493, 1 Mur. 493
Den on demise of John Wilsay and wife v. Malachi Sawyer and wife.
i From Camden. J
A. being seised of lands, dies intestate in 1802, leaving a brother and sister, also a widow and two children; each of the children dies intestate and without issue. The lands do not go to the mother, but • to tlfé uncle and aunt of the father.
This was a question of descent. — John Watkins being-seised of the land, died intestaté in the year 1802, leaving a widow and two children, John and Mary. Mary died intestate and without issue, and shortly afterwards John died intestate and without issue, leaving his mother (wife of the Defendant Sawyer) him surviving. John Watkins the elder, left a brother named Miles, añd a sister named Anne, who is the wife of John Wilsay, the lessor of the Plaintiff. Miles conveyed to Wilsay, and Sawyer and wife having gotten possession of the lands, Wilsay brought this ejectment. The question was, Whether upon the death of John Watkins the younger, intestate and without issue, the lands descended to his uncle and aunt, the brother and sister of his father, or to his mother?