Mebane v. . Womack
Supreme Court of North Carolina
Cause removed from tbe Court of Equity of Caswell County. Mrs. Anne Taney died in Caswell county in the year •-, having made and published her last will and testament, of which the following is a copy of the material part^,: “ 2. I give and bequeath to my grand-daughter Prances Ann McAden, the following slaves, to wit, Grandison and Ned, Alexander and Emeline, Anne and Dolly; these slaves I bequeath to her for life, with remainder to her children, if she should have any ; if…
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Cause removed from tbe Court of Equity of Caswell County. Mrs. Anne Taney died in Caswell county in the year •-, having made and published her last will and testament, of which the following is a copy of the material part^,: “ 2. I give and bequeath to my grand-daughter Prances Ann McAden, the following slaves, to wit, Grandison and Ned, Alexander and Emeline, Anne and Dolly; these slaves I bequeath to her for life, with remainder to her children, if she should have any ; if not, then to her brothers; and in this bequest I mean to include any increase which may hereafter arise from the above…
1Opinion of the Court
Battle, J:
The questions arising upon the construction of the will of Ann Taney, will be considered by us in the order in which they are presented in the pleadings.
1. The first question arises upon the following clause, “I give and bequeath to my grand-daughter, Frances Ann Mc-Aden, the following slaves, to wit, Grandison, &c. These slaves I bequeath to ber for life, with remainder to her children, if she should ever have any, if not, then to her brothers, &c.” The legatee having died in the life-time of her grandmother, it is clearly settled hy the cases of Simmons v. Gooding, 5 Ire. Eq. 382,…
2Cited by5 opinions
- Smyth v. . McKissickSupreme Court of North Carolina · 1943
- Wooten v. . HobbsSupreme Court of North Carolina · 1915
- Newbern v. BarnesCourt of Appeals of North Carolina · 1969
- Colombo v. StevensonCourt of Appeals of North Carolina · 2002
- Washington v. . BlountSupreme Court of North Carolina · 1852