Nooe v. . Vannoy
Supreme Court of North Carolina
Cause removed from the Court of Equity of 'Wilkes county. The plaintiffs are the administrators with the will annexed of Joel Vannoy, and the bill is filed praying the advice and protection of the Court as to the proper construction of the following clause of the said will, to wit, “ I further give to my children, by a former marriage, the proceeds of the sale of my town property in the town of Wilkesboro’, or so much thereof as is herein specified, to wit, to my son Joel…
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Cause removed from the Court of Equity of 'Wilkes county. The plaintiffs are the administrators with the will annexed of Joel Vannoy, and the bill is filed praying the advice and protection of the Court as to the proper construction of the following clause of the said will, to wit, “ I further give to my children, by a former marriage, the proceeds of the sale of my town property in the town of Wilkesboro’, or so much thereof as is herein specified, to wit, to my son Joel Alfred, two hundred dollars, to Elizabeth Caroline Miller, five dollars, to John Hamilton, one hundred dollars, to Rebecca…
1Opinion of the CourtPeaRSON, C. J.
"When a testator sells the specific property given in a legacy, such legacy is. adeemed, for the property does not belong to him at the time of his death. When the will takes effect, there is fiothing for it to operate on, and, of course, the legacy must fail.' This is the general rule.
But it is unusual for a father tó adeem, in this manner, legacies given to children and exclude them from his contemplated bounty, when there has been-'no change of circumstances ; and for this reason, the Courtis slow to adopt the conclusion that there is an ádemption, and will seek, anxiously, for some mode…
2Cited by11 opinions
- King v. . SellersSupreme Court of North Carolina · 1927
- Bates v. Fuller, Texas Court of Appeals, 12th District (Tyler)1983
- Miller's Exr. v. MaloneCourt of Appeals of Kentucky · 1900
- Joynes v. HamiltonCourt of Appeals of Maryland · 1904
- Green v. GreenSupreme Court of North Carolina · 1950
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