Bass v. . Bass
Supreme Court of North Carolina
Civil Actioh for the Construction of a Will tried at Spring Term, .1877, of ITalieax Superior Court, before Bux-ton, J. • Turner Bass died in September, 1873, having previously made a will and appointed his widow Rebecca W. Bass, executrix. The will was proved shortly after the testator’s death, ánd she accepted the trust of the office.
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Civil Actioh for the Construction of a Will tried at Spring Term, .1877, of ITalieax Superior Court, before Bux-ton, J. • Turner Bass died in September, 1873, having previously made a will and appointed his widow Rebecca W. Bass, executrix. The will was proved shortly after the testator’s death, ánd she accepted the trust of the office. The only disposition made of the testator’s estate is contained in the first clause of the will, which is in these words; “ I give, bequeath and devise all of my estate of ■every kind and denomination, real, personal and mixed, to my beloved wife, Rebecca W.…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above.) The question as to the construe tibn of the will is this: — Hoes the wife take an absolute estate, or an estate for her life only, with power to dispose of the reversion which by reason of her failure to exercise the power vests in the heirs and distributees of the testator ?
If the latter be the true interpretation, the defendant, Emeliza, will share with the others, and if not, she will be -excluded.
Our opinion is, that the widow takes an absolute estate in tbe property, and that tbe fund must be distributed among- her next of kin under tbe statute…
2Cases cited1 opinion
- Rogers v. . HintonSupreme Court of North Carolina · 1868
3Cited by12 opinions
- Chewning v. . MasonSupreme Court of North Carolina · 1912
- Smith Ex Rel. Smith v. MearsSupreme Court of North Carolina · 1940
- Patrick v. . MoreheadSupreme Court of North Carolina · 1881
- Fellowes v. . DurfeySupreme Court of North Carolina · 1913
- Weaver v. . KirbySupreme Court of North Carolina · 1923
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