Devane v. . Larkins
Supreme Court of North Carolina
Cause removed from the Court of Equity of tho county of New Hanover. The bill was filed for the recovery of a legacy arising to the plaintiff’s intestate, under tbe will of Benjamin 0. Moore, and it was admitted on both sides that the plaintiff’s right to recover depended on the construction that might be given to the will. After giving several slaves to a daughter, MaryD. Moore, the will is as follows : Item 3ul.
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Cause removed from the Court of Equity of tho county of New Hanover. The bill was filed for the recovery of a legacy arising to the plaintiff’s intestate, under tbe will of Benjamin 0. Moore, and it was admitted on both sides that the plaintiff’s right to recover depended on the construction that might be given to the will. After giving several slaves to a daughter, MaryD. Moore, the will is as follows : Item 3ul. “It is my will and desire, that all the balance of my property, both real and personal, shall go to the benefit and support of my beloved wife, Mary J. Moore, and my other children,…
1Opinion of the CourtBattle, J.
The only question in the case is, whether the plaintiff’s intestate, Porter R. Moore, took a vested or a con tingent interest in the residue of the personal property bequeathed to him and others in that clause of his father’s will. In support of the demurrer, the counsel for the defendants, contend that the share given to the testator’s widow was clearly contingent, and argue from that the contingency of the shares limited to the children. The counsel for the plaintiff insist, on the contrary, that the part bequeathed to the widow was not contingent; but if it were, it did not follow, as a…
2Cited by8 opinions
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