Saunders v. . Gatlin
Supreme Court of North Carolina
Joseph Speight died in the year 1792, having duly ■made his last will, and thereby bequeathed to his wife for the term of her life, five negroes, and other personal property ; and after various other bequests, by the last clause in his will, he declared it to be his desire, that all the remainder of his estate, of every nature and kind whatsoever, should be sold on a credit of nine months, and the money arising therefrom, to go to pay his just debts, and funeral charges ;…
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Joseph Speight died in the year 1792, having duly ■made his last will, and thereby bequeathed to his wife for the term of her life, five negroes, and other personal property ; and after various other bequests, by the last clause in his will, he declared it to be his desire, that all the remainder of his estate, of every nature and kind whatsoever, should be sold on a credit of nine months, and the money arising therefrom, to go to pay his just debts, and funeral charges ; and if there should be any remainder, for it to be equally divided between his two sons, Francis and Henry Speight, and…
1Opinion of the Court
Gaston, Judge,
after stating the case as above set forth, proceeded. — Upon the argument it was urged by the coun sel for the plaintiff, that his right to recover, unless prevented by some of the bars set up because of lapse of time, was established by the decision made in the suit referred to in the pleading, (vide Speight v. Gatlin, 2 Dev. Eq. Cas. 5.) That decision is regarded by us as conclusively settling the construction of Joseph Speight’s will. He did not die intestate, with respect to the remainder or residuary interest in the property bequeathed to his widow for life, and that…
2Cited by7 opinions
- McIver v. . McKinneySupreme Court of North Carolina · 1922
- Jackson v. . BairdSupreme Court of North Carolina · 1908
- McLawhorn v. . HarrisSupreme Court of North Carolina · 1911
- Gentry v. . GentrySupreme Court of North Carolina · 1924
- Dunwoodie v. . CarringtonSupreme Court of North Carolina · 1816
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