Feimster v. . Tucker
Supreme Court of North Carolina
Cause removed from the Court of Equity of Iredell county. This bill is filed by the executor of William Eeimster, praying for advice and direction from the Court in relation to his duty in executing the trusts, and paying the legacies declared in the will of the said William Eeimster.
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Cause removed from the Court of Equity of Iredell county. This bill is filed by the executor of William Eeimster, praying for advice and direction from the Court in relation to his duty in executing the trusts, and paying the legacies declared in the will of the said William Eeimster. The second clause in the said will, is as follows: “I will and bequeath to my beloved wife, Jerusha, the use of the following property as long as she remains a widow, or lives in the county of Iredell; and, at her death, marriage or removal from the county of Iredell, then my 'will is, that the property herein…
1Opinion of the CourtBattle, J.
If the testator had, by the fourth clause of his will, directed, simply, that the slaves therein mentioned should, at the death, &c., of his wife, be “freed” by his executors, then, it would have been their duty to see that the wish of their testator should be carried into effect at the expense of his estate, in one or other of the modes prescribed in the 46th arid 47th sections of the 107th chapter of the Rev. Code. See Hogg v. Capehart, decided at June Term, 1857, which is reported as a note to this case, (vide Rote. * ) Such a provision for emancipation, would not be contrary to the policy…
2Cited by1 opinion
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