Gray v. . West
Supreme Court of North Carolina
Wills — Charge of a legacy on hand. Civil ACTION, tried before Graves, Judge, at Fall Term, 1885, of the Superior Court of Davie county. The action was instituted for the purpose of having the legacy of the plaintiff declared a charge on the lands devised by the testator. The facts fully appear in the opinion. There was a judgment for the plaintiff, and the defendants appealed.
1Opinion of the CourtMeruiMON, J.
It appears that James Gray died in the county of Davie in the early part of the year 1873, leaving surviving him neither wife nor children, and leaving a last will and testament, which was duly proven, and James Gaither qualified as executor thereof.
By this will the testator disposed of considerable estate, consisting of both real and personal property. The parts of the will to be construed and necessary to be set forth here, are as follows:
“9th. I give Margaret Forcum and Emily Clampet and Mary Clampet, the land 1 now live on and all my property that I have on the land.
“10th. Arey Gray is to…
2Cited by16 opinions
- Helms v. Helms.Supreme Court of North Carolina · 1904
- Kornegay v. . MorrisSupreme Court of North Carolina · 1898
- Wall v. . WallSupreme Court of North Carolina · 1900
- Cuthbertson v. . MorganSupreme Court of North Carolina · 1908
- Bailey v. . BaileySupreme Court of North Carolina · 1916
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