Davis v. . Parker .
Supreme Court of North Carolina
Controversy, which might be the subject of a civil action, submitted without action to Clarke, J., at Wayne Superior Court, 11th day of February, 1873, upon the following case agreed: In the year 1869, one Sarah Davis, of Wayne county, died, leaving a last will and testament, as follows: “STATE OF NORTH CAROLINA, Wayne County.
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Controversy, which might be the subject of a civil action, submitted without action to Clarke, J., at Wayne Superior Court, 11th day of February, 1873, upon the following case agreed: In the year 1869, one Sarah Davis, of Wayne county, died, leaving a last will and testament, as follows: “STATE OF NORTH CAROLINA, Wayne County. “ I, Sarah Davis, of said county, do, this 11th day of December, 1868, make-and declare this to be my .last will and ..testament, in manner and form following, viz..: '“It is my will and desire after my decease for my burial expenses to be paid and all my just debts.…
1Opinion of the Court
This case is governed by Hilliard v. Kearney, Busb. Eq. 221, where the rule is thus stated: "When the estate is defeasible, and no time is fixed on at which it is to become absolute, and the property itself is given and not the mere use of it, if there by any period intermediate between the death of the testator and the death of the legatee, at which the estate may fairly be considered absolute, that time will be adopted."
"If there be no intermediate period, and the alternative is either to adopt the time of the testator's death, or the death of the legatee generally. * * * As the period at…
2Cited by13 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Galloway v. . CarterSupreme Court of North Carolina · 1888
- Sain v. Baker.Supreme Court of North Carolina · 1901
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