The Brick-Yard Plantation ought to be brought into Hotch-Pot and valued at the time it was conveyed to Anthony B. Toomer. The other lands purchased by Henry Toomer after making his will ought to be valid-ad at the time of his dekth. ‘ ' ■
Heirs of Toomer v. Heirs of Toomer, 5 N.C. 93, 1 Mur. 93 (1805)
Dec. 1805
·
Supreme Court of North Carolina
5 N.C. 93, 1 Mur. 93
The Heirs of Anthony B. Toomer vs. the heirs of Henry Toomer
r-from Wilmington.
In nuskuio pnrtilion,sO much of tine ancestor’s lands acquit* ed by him after making his will, as are convey odio a child byway of advance-, meat, are to be valued according to their worth at the time of ttic conveyance ; & the residue of the lands be valued at the time of the ancestor’s death*.
Henry Toomer made his wiil in the year 1789, in winch, after several devises and bequests, he directed that the remainder of his estate, real and personal should be divided among his four children, Anthony, John,Lewis and Elizabeth. The testator died in 1799, having, after the making of his will acquired other lands and real estate not mention* ed in his will. After the making of his will be gave to his son Anthony B. by way of advancement, a plantation called the Brick-Yard plantation. Antiiony B. Toomer died in Í805, and the petitioners being his children and heirs at law Claimed a share of the real estate of-said Henry Toomer, which was acquired after said will was made, and filed a petition praying for a partition thereof. They insisted, 1st. that they, were not bound to bring the said Brick-Yard plantation into Hotch-Pot, because the said Henry Toomer did not die intestate, and that the rule relative to bringing lands into Hotch-Pot holds good only in those cases where the ancestor dies totally intestate. 2dly. That if this plantation should be brought into Hotch-Pot, it ought to be valued fit the time of the gift.
The defendants contended that Henry Toomer did die Intestate as to those lands which he acquired after making his will/ and which were not disposed of by the same within-tlie words'and meaning of the act of 1784, ch. 22: that the Brick-Yard Plantation ought to be brought into Hotch-Pot and valued according to its worth at the time partition is made, or at the time óf the death of Henry Toomer.