Britt v. . Smith
Supreme Court of North Carolina
Civil Action for construction of a will, heard at Fall: Term, 1881, of Greene Superior Court, before Shipp, J. This action is brought by the personal representative of B. H. Smith, deceased, for the purpose of having ascertained' the respective rights of the defendants, Tabitha E. Smith and Zilpha M. Edwards, under the will of the said Smith, the said Tabitha E. being his widow, to whom was given, his estate real and personal for life, and the said Z. M. Edwards being his…
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Civil Action for construction of a will, heard at Fall: Term, 1881, of Greene Superior Court, before Shipp, J. This action is brought by the personal representative of B. H. Smith, deceased, for the purpose of having ascertained' the respective rights of the defendants, Tabitha E. Smith and Zilpha M. Edwards, under the will of the said Smith, the said Tabitha E. being his widow, to whom was given, his estate real and personal for life, and the said Z. M. Edwards being his sister, to whom his personalty was given in. remainder. The will provides as follows: “ Item 1. I leave and devise to my…
1Opinion of the CourtRuffin, J.
There can be no mistaking the rule as laid down in Smith v. Barham, 2 Dev. Eq., 420, Jones v. Simmons, 7 Ired. Eq., 178, and Ritch v. Morris, 78 N. C., 377, and which must be taken, as was said by Mr. Justice Bynum in the last of those cases, as the settled doctrine in this state. It is, that whenever personal property is given, in terms amounting to a residuary bequest, to be enjoyed by persons in succession, the interpretation the court puts upon the bequest is, that the persons indicated are to enjoy the same in succession ; and in order to give effect to its interpretation, the court, as…
2Cases cited2 opinions
- Ritch v. . MorrisSupreme Court of North Carolina · 1878
- Chambers v. . Bumpass, Ex'r.Supreme Court of North Carolina · 1875
3Cited by13 opinions
- In Re the Administration of the Estate of KnowlesSupreme Court of North Carolina · 1908
- Ernul v. . ErnulSupreme Court of North Carolina · 1926
- Burwell v. Raleigh Banking & Trust Co.Supreme Court of North Carolina · 1923
- Haywood v. WrightSupreme Court of North Carolina · 1910
- Woodard v. ClarkSupreme Court of North Carolina · 1952
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