Alston v. . Lea
Supreme Court of North Carolina
Cause removed from the Court of Equity of Halifax county. The only question in this case, arises on the construction of the will of John Alston; the material portions of which are as follows : “ Item 1st. It is my will and desire that all my just debts are to be paid, and for the purpose of paying said debts, I wish negro fellow, Cudge, negro boy, Mack, and negro girl, Milly, to be sold, and if necessary, to sell my other property, personal or real.
Read the full summary
Cause removed from the Court of Equity of Halifax county. The only question in this case, arises on the construction of the will of John Alston; the material portions of which are as follows : “ Item 1st. It is my will and desire that all my just debts are to be paid, and for the purpose of paying said debts, I wish negro fellow, Cudge, negro boy, Mack, and negro girl, Milly, to be sold, and if necessary, to sell my other property, personal or real. I wish the land on the east-side of the road, and also, my right and interest in the negroes held by John Crawley, be sold.” “ Item 2d. I give…
1Opinion of the CourtBattue, J.
The only question presented by the' pleadings, which it is necessary for us to consider, is, whether Mrs. Dolly Alston took such an interest in the estate of her husband, John Alston, by virtue of his will, as enabled her to convey to the defendant a good title to the tract of land, now in controversy.
In the first clause of his will, the testator directs- that bis debts shall be paid, and for that purpose, he specifies three slaves, ‘which he wishes to be sold; and if it should be found necessary to sell more property, he points out a certain tract of land and his “right and interesfi’in…
2Cases cited1 opinion
- Vandyck v. Van BeurenNew York Supreme Court · 1803
3Cited by5 opinions
- Weaver v. . KirbySupreme Court of North Carolina · 1923
- Carter v. . StricklandSupreme Court of North Carolina · 1914
- Springs v. SpringsSupreme Court of North Carolina · 1921
- Little v. . BennettSupreme Court of North Carolina · 1859
- Springs v. . SpringsSupreme Court of North Carolina · 1921