Shaw v. . McBride
Supreme Court of North Carolina
Cause removed from the Court of Equity of Currituck county. The questions considered in this case, arise out of the will •of Alfred Perkins, the material portions of which are as follows: “ First, I give and bequeath to my beloved wife, Lovey Perkins, the plantation on which I live, containing about one hundred and sixty aeres; negroes Jim, Billy, Willis, Joe, Albert, Ailiff and her two children, Henry and Amelia, Jenny and her boy, and Miles; all my household and kitchen…
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Cause removed from the Court of Equity of Currituck county. The questions considered in this case, arise out of the will •of Alfred Perkins, the material portions of which are as follows: “ First, I give and bequeath to my beloved wife, Lovey Perkins, the plantation on which I live, containing about one hundred and sixty aeres; negroes Jim, Billy, Willis, Joe, Albert, Ailiff and her two children, Henry and Amelia, Jenny and her boy, and Miles; all my household and kitchen furniture; all my farming utensils, &c.; negro Harriet and her three children; and all the woodland situated on the Comer…
1Opinion of the CourtBattle, J.
The difficulties suggested in the construction of the will of the testator, arise, not so much from its terms, as from the effect upon it of his indebtedness, of the extent of which he appears to have been so lamentably ignorant. The pleadings show that, in addition to the funds set apart by the testator himself for the payment of his debts, there will have to be raised out of other property belonging to the estate, the sum of about twelve thousand dollars. The question is, out of what part of it, given as it is to different devisees and legatees, this large amount is to be raised.
We suppose…
2Cited by8 opinions
- Baptist Female University v. BordenSupreme Court of North Carolina · 1903
- University v. . BordenSupreme Court of North Carolina · 1903
- Gordon v. JamesMississippi Supreme Court · 1905
- First Security Trust Co. v. LentzSupreme Court of North Carolina · 1928
- Neighbors v. . EvansSupreme Court of North Carolina · 1936
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