Wetherell v. Gorman
Supreme Court of North Carolina
Special Proceeding, for the sale of real estate for assets, commenced in the Probate Court, and thence removed into the Superior Court of Ware county, and tried at June Term, 1875, before his Honor, Judge Watts.
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Special Proceeding, for the sale of real estate for assets, commenced in the Probate Court, and thence removed into the Superior Court of Ware county, and tried at June Term, 1875, before his Honor, Judge Watts. The feme plaintiff states that A. M. Gorman, her testator, died in 1865, leaving a last will, in which it is bequeathed and devised as follows : “ I desire that all the property I may possess, after the payment of my just debts, in the case of my death, may be given to my beloved wife, for the benefit of her and my children, and that she shall hold the same as my executrix and…
1Opinion of the CourtPeaksoN, J.
The well prepared brief of the counsel for the plaintiff leaves us but little labor.
The sale of land by a fiduciary on 4th April, 1865, for Confederate money, could scarcely be supported under any circumstances against the interests of the beneficiaries. Besides that, the will does not authorize the executrix to sell the land. The widow had the right to dissent from the will and take dower *384and leave the debts of the estate a charge upon the lot in question. Ransom v. Ransom, 68 N.C.R., 231.
There should be an order for the sale of the land as prayed for to pay debts, and there should be an…
2Cases cited1 opinion
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
3Cited by1 opinion
- Latta v. . VickersSupreme Court of North Carolina · 1880