Taylor v. . Lucas
Supreme Court of North Carolina
From Chatham. But one question wits presented in this case, viz, whether a legacy left to a legatee, which lapsed by his death in the lifetime of the testator, should be divided among his next of kin, or should belong to the -widow, tvho was residuary legatee.
1Opinion of the Court
Fer Curiam,
after stating the question. — No rule is better established as to personal estate, though it is otherwise as to real, than that a residuary clause carries not only every thing Dot disposed of, but eyery thing that in, the event tarns out not to be disposed of, as by lapse and the other means specified in the cases. (1 Ves. Jun. 109, 110. Ambler 138. 8 Ves. Jun. 25. 4 Ibid 732. 15 Ibid 509.) The law raises a presumption in favour of the residuary legatee against every one except the particular legatee. The testator is supposed to deprive the residuary legatee only for the sake of…
2Cited by1 opinion
- Lodge v. GrubbCourt of Chancery of Delaware · 1926