Alexander v. . Alexander
Supreme Court of North Carolina
' Cause removed from the Court of Equity of Mecklenburg County, at November Term 1847. In the year 1S41, William Alexander, of Mecklenburg County, made his will, duly executed to pass real and personal property.
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' Cause removed from the Court of Equity of Mecklenburg County, at November Term 1847. In the year 1S41, William Alexander, of Mecklenburg County, made his will, duly executed to pass real and personal property. The 5th clause isas follows; “It is my will that my land and negroes and all the residue of my property-, both real and personal, not heretofore expressly w’illed, be put to sale, at such credit as my executors may think proper: out of the proceeds of which sale, it is my will that all my just debts be paid, and the balance or residue of said money, arising from such sale, after…
1Opinion of the Court
Nash J.
The question submitted to us depends upon the proper construction of the Oth cla'use. The intention of the testator is always to be carried out, when it can be gathered from the will itself, but it must not rest in supposition or surmises. The testator must not only have a particular intent, but must express that intent in apt words, in words sufficient to show if. The terms “all the residue of my property both real and personal, not herein expressly willed,” &c., would very clearly embrace not only the notes in question, but also such money as he had in possession at the time of his…
Also in this document: Per curiam.
2Cited by9 opinions
- Williams v. . RandSupreme Court of North Carolina · 1943
- Gordon v. . EhringhausSupreme Court of North Carolina · 1925
- McCallum v. . McCallumSupreme Court of North Carolina · 1914
- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
- Williard v. . WeavilSupreme Court of North Carolina · 1943
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