Worrell v. . Vinson
Supreme Court of North Carolina
ActioN of debt, tried before SauNDEbs, J., at the last Fall Term of Northampton Superior Court. The action was brought on the following penal, bond : “Know all men by these presents, that we, James H. Yin-sou, Jesse Ferguson and William Harrison, are held and firmly bound unto Thomas B. Worrell, executor of Cherry Beale, in the jnst and full sum of eight hundred and thirty-five dollars and thirty-two cents,” &c.
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ActioN of debt, tried before SauNDEbs, J., at the last Fall Term of Northampton Superior Court. The action was brought on the following penal, bond : “Know all men by these presents, that we, James H. Yin-sou, Jesse Ferguson and William Harrison, are held and firmly bound unto Thomas B. Worrell, executor of Cherry Beale, in the jnst and full sum of eight hundred and thirty-five dollars and thirty-two cents,” &c. (Dated 17th of December, 1838.) “ The condition of the above obligation is such, that whereas Cherry Beale, by her last will and testament, which is of record in the County Court of…
1Opinion of the CourtBattle, J.
The plaintiff is not entitled to recover unless the bequest in the will of Cherry Beale to Lucy Ferguson and her daughter Lydia Ferguson, be construed to give them, or the survivor of them, a life-estate, only, in the money bequeathed, giving the remainder of the fund to the child of Lydia, under the limitation to her “lawfully .begotten heir.” In the events which have happened, it is not necessary, for the purposes of this case, to decide what interest vested in Lucy Ferguson and her daughter Lydia, as between themselves, and the only question which it is proper for us to consider is,…
2Cited by10 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Perry v. HackneySupreme Court of North Carolina · 1906
- Marsh v. Griffin.Supreme Court of North Carolina · 1904
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