Todd v. . Trott
Supreme Court of North Carolina
Action for a legacy, submitted upon facts agreed, to Cloud, J., at Eall Term 1869 of Bowan Court. Tbe testator, Tbomas Todd, died in August 1869, leaving a will, published January 16tb 1858,.and duly admitted to probate &c.; and tbe defendant was thereupon appointed administrator cum testamento &c. Two of the slaves mentioned in tbe will died before tbe testator.
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Action for a legacy, submitted upon facts agreed, to Cloud, J., at Eall Term 1869 of Bowan Court. Tbe testator, Tbomas Todd, died in August 1869, leaving a will, published January 16tb 1858,.and duly admitted to probate &c.; and tbe defendant was thereupon appointed administrator cum testamento &c. Two of the slaves mentioned in tbe will died before tbe testator. Tbe legacy in question was given in tbe following terms : “ It is my will and wish that all my slaves be emancipated and released from servitude, but knowing that this cannot be accomplished without them removal from this State, I…
1Opinion of the CourtSettle, J.
Two questions are raised by the pleadings :
1. Whether the plaintiffs are entitled to the whole or any part of the legacy or trust fund of $800, specified in item 2, of the last will and testament of Thomas Todd.
2. Whether the plaintiffs are entitled, if entitled at all, to only five sevenths, there having been seven slaves named in the will, and two of the seven having died before the testator.
We think thatboth questions are determined beyond doubt, by the adjudications of this Court.
It is evident that the primary object of the testator was to liberate his slaves, and to make such provision…
2Cases cited1 opinion
- Robinson, Ex'r. C. v. . McIver and OthersSupreme Court of North Carolina · 1869
3Cited by3 opinions
- Wooten v. . HobbsSupreme Court of North Carolina · 1915
- Heyer v. . BeattySupreme Court of North Carolina · 1880
- Newbern v. BarnesCourt of Appeals of North Carolina · 1969