Martin v. . Gould
Supreme Court of North Carolina
This bill was filed by the executor of Daniel Gould, sen. to have a construction put upon the will of his testator. The will after giving all his estate to his wife -for life, proceeded thus : “ after her death it is my desire “ that all my estate both real and personal shall be sold “ at twelve months credit, and when the money is cól- “ lected for the land, the average value of one hundred “acres to he given to my son Daniel in order to make “ him compensation for one…
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This bill was filed by the executor of Daniel Gould, sen. to have a construction put upon the will of his testator. The will after giving all his estate to his wife -for life, proceeded thus : “ after her death it is my desire “ that all my estate both real and personal shall be sold “ at twelve months credit, and when the money is cól- “ lected for the land, the average value of one hundred “acres to he given to my son Daniel in order to make “ him compensation for one hundred acres of land “ which I gave to my son Malachi Gould. All the rest “of the money that is left, to be equally divided…
1Opinion of the Court
EufitN, Judge.
Probably upon the authorities the construction of the residuary clause, standing by itself is, that the grand sons do not take as a class, but each of the three named take an equal share with the uncle. But what is doubtful here, is cleared up by the clause immediately preceding, which gives out of the aggregate fund' before the division, when the money for the land shall be collected, the average price of 100 acres to Daniel the son, “ in order to make him compensation for 100 acres which I gave to my son Malachi.>> This shows that the testator meant to deal equally between his…
2Cited by3 opinions
- Haywood v. . RigsbeeSupreme Court of North Carolina · 1935
- Wooten v. . OutlandSupreme Court of North Carolina · 1946
- Mitchell v. . ParksSupreme Court of North Carolina · 1920