Hawkins v. . Everett
Supreme Court of North Carolina
Caush removed from the Court of Equity of New Hanover county. James Mumford, of the county of Onslow, in his last will, bequeathed, (among other things,) as follows : “Item.
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Caush removed from the Court of Equity of New Hanover county. James Mumford, of the county of Onslow, in his last will, bequeathed, (among other things,) as follows : “Item. I give and bequeath unto the lawful heirs of Leah Melton, with the exception of James Mumford Melton, which I have already provided for, the sum of five hundred dollar to be put on interest until they become twenty-one years of age, and then the principal and interest to be paid over to. them by my executors. At the death of the testator, Leah Melton had but one child* the plaintiff, Ada, who has intermarried with the…
1Opinion of the CourtPba'esoN, C. J.
The question presented by the pleadings is: Does the entire fund belong to the plaintiff, Ada, or is she entitled only to one fifth part, leaving the residue for the other four children of Leah Melton.
The words, “lawful heirs” in the first part of the clause, under consideration, are explained by the words, “ the rest of' the lawful heirs of her body.” So, the clause should read thus, “I give five hundred dollars to the lawful heirs of the* body of Leah Melton, except her son James, to be put on interest until they become twenty-one years of age* and then tile principal and interest to be…
2Cited by11 opinions
- Cooley v. . LeeSupreme Court of North Carolina · 1915
- Wachovia Bank & Trust Co. v. StevensonSupreme Court of North Carolina · 1928
- Wise v. Leonhardt.Supreme Court of North Carolina · 1901
- Fulton v. . WaddellSupreme Court of North Carolina · 1926
- First Security Trust Co. v. HendersonSupreme Court of North Carolina · 1945
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