Faison v. . Middleton
Supreme Court of North Carolina
Appeal by defendant from Connor, J-, at September Term, 1915, of SAMPSON. The suit was brought in order that the executor of L. P. Faison may be advised as to how to execute the trusts declared in his will, which is as follows: I, L. P. Faison, of the aforesaid county and State, being of sound mind, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament. 1. My executor, hereinafter named, shall give my body a decent…
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Appeal by defendant from Connor, J-, at September Term, 1915, of SAMPSON. The suit was brought in order that the executor of L. P. Faison may be advised as to how to execute the trusts declared in his will, which is as follows: I, L. P. Faison, of the aforesaid county and State, being of sound mind, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament. 1. My executor, hereinafter named, shall give my body a decent burial, suitable to the wishes of my friends and relatives, and pay all funeral expenses, together with my just debts, out of…
1Opinion of the Court
Walker, J.,
after stating the case: The contention of the plaintiffs is that the 648 acres of land described in the second section of the will falls into the residue, which in law embraces all property, both real and personal, not otherwise disposed of, while the defendants say that the testator died intestate as to the said land, and it, therefore, descends-to them as his heirs. We are of the opinion that the ruling of Judge Gormor was the correct one. A few general principles, gathered from the text-writers and decisions upon the scope .and effect of residuary clauses will throw much light…
2Cases cited4 opinions
- Saunders v. . SaundersSupreme Court of North Carolina · 1891
- In Re the Will of MillerNew York Court of Appeals · 1899
- Holton v. Jones.Supreme Court of North Carolina · 1903
- Lea v. . BrownSupreme Court of North Carolina · 1857
3Cited by35 opinions
- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
- Crouse v. . BarhamSupreme Court of North Carolina · 1917
- Estate of ChamberlainCalifornia Court of Appeal · 1941
- BETTS BY AND THROUGH PARKER v. ParrishSupreme Court of North Carolina · 1984
- Walsh v. . FriedmanSupreme Court of North Carolina · 1941
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