Council v. . Averett
Supreme Court of North Carolina
Civil action, for the possession of land, tried before Boykin, Judge, at Spring Term, 1886, of Bladen Superior Court. It appears that John Cashwell died prior to the month of April, 18812, leaving a last will and testament, which was proven in that month.
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Civil action, for the possession of land, tried before Boykin, Judge, at Spring Term, 1886, of Bladen Superior Court. It appears that John Cashwell died prior to the month of April, 18812, leaving a last will and testament, which was proven in that month. The following is a copy of so much thereof as is material to be set forth here: “I give and bequeath to Sally Cashwell, my dearly beloved wife, all my property of every kind whatsoever, freely by her to be possessed and enjoyed during her natural life or widowhood, and at her death or marriage, as soon as may be, for it all to be sold, and…
1Opinion of the CourtMerbimON, J.
(after stating the facts). The single question presented by the record for our decision is, did the will above set forth, confer on the executors therein named, power to sell the land embraced by it? If it did so, then the administrator oum testamento annexo, mentioned, had the like power by virtue of the Statute (The Code, §2168), which confers on such administrators the like power as the will conferred upon the executors, and the deed under which the plaintiff claims title, is valid.
The testator, by his will, gave and devised to his widow, “ all my (his) property of every kind whatsoever,”…
2Cases cited1 opinion
- Vaughan v. . FarmerSupreme Court of North Carolina · 1884
3Cited by16 opinions
- Powell v. . WoodcockSupreme Court of North Carolina · 1908
- Broadhurst v. . MewbornSupreme Court of North Carolina · 1916
- Maxwell v. BarringerSupreme Court of North Carolina · 1892
- Saunders v. . SaundersSupreme Court of North Carolina · 1891
- Dulin v. . DulinSupreme Court of North Carolina · 1929
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