Hardy v. . Hardy
Supreme Court of North Carolina
This is a controversy submitted without action, to try the title to two tracts of land, and to recover the purchase money therefor.
Read the full summary
This is a controversy submitted without action, to try the title to two tracts of land, and to recover the purchase money therefor. L. M. Hardy, who was the owner of the land, died, leaving a will, the material parts of which, are as follows: “2. I give, devise and bequeath unto M. Langhorne Hardy, my son, of lot No. 1 of the original P. M. Hardy land, a portion described as follows: (Description omitted.) “3. I give, devise and bequeath unto Addie N., Rebecca M., Sallie G., and Mary L. Hardy, my four daughters, the remainder of my real estate, same to be equally divided among them, each one,…
1Opinion of the CourtAllen, J.
Under the early English and American authorities, language is a will expressive of the wish or desire of the testator as to the disposition of his property was generally held to raise a trust, or to limit the estate devised, unless' a contrary intent was manifest from a consideration of the whole will; but the tendency of modern authority is to reverse tbis rule, and to bold that precatory words “are not to be regarded as imperative unless it is plain from the context that the testator so intended them.”
The question is fully discussed and the authorities cited by Connor, J., in St. J ames…
2Cases cited2 opinions
- Fellowes v. . DurfeySupreme Court of North Carolina · 1913
- Thompson v. Crump.Supreme Court of North Carolina · 1905
3Cited by8 opinions
- Humphrey v. FaisonSupreme Court of North Carolina · 1957
- Young Women's Christian Ass'n of Asheville v. MorganSupreme Court of North Carolina · 1972
- Laws v. . ChristmasSupreme Court of North Carolina · 1919
- Springs v. SpringsSupreme Court of North Carolina · 1921
- Dixon v. . HookerSupreme Court of North Carolina · 1930
3 more not listed; retrieve them via the Exa API.