Price v. . Johnson
Supreme Court of North Carolina
Special PROCEEDING to sell land for assets, commenced before the clerk, and beard at Spring Term, 1883, of Rowae Superior Court, before Graves, J. This proceeding was instituted by the plaintiff as administrator of John N. B. Johnson against the heirs and devisees of John I. Shaver, for the sale of the land described in the petition as belonging to his intestate, to make the same assets to pay the intestate’s debts.
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Special PROCEEDING to sell land for assets, commenced before the clerk, and beard at Spring Term, 1883, of Rowae Superior Court, before Graves, J. This proceeding was instituted by the plaintiff as administrator of John N. B. Johnson against the heirs and devisees of John I. Shaver, for the sale of the land described in the petition as belonging to his intestate, to make the same assets to pay the intestate’s debts. A jury trial was waived, and the parties submitted a “ case agreed ” to the court, the facts being as follows: 1. John I. Shaver died in 1873, having made a last will and…
1Opinion of the CourtAshe, J.
The first and most important rule in the interpretation of wills, to which all other rules must yield, is, that the Intention of the testator expressed in his will shall prevail, provided it be not inconsistent with the rules of law. 1 Blk. Rep., <672. A will is defined to be “the legal declaration of a man’s intentions which he wills to be performed after his death.”- 2 Blk. Com., 499. These intentions are to be collected from his words, and ought to be carried into effect if they be consistent, with law.
In this case, it is impossible to mistake the intention of the-testator. He…
2Cases cited2 opinions
- Murchison's Executors v. WhittedSupreme Court of North Carolina · 1882
- Davis v. . Parker .Supreme Court of North Carolina · 1873
3Cited by9 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
- Galloway v. . CarterSupreme Court of North Carolina · 1888
- Limbach v. BolinCourt of Appeals of Kentucky · 1916
- Biddle v. . HoytSupreme Court of North Carolina · 1854
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