Johnson v. . Farrell
Supreme Court of North Carolina
Action for a legacy, tried before Tourgee, J., at Eall Term 1869 of Chatham Court. The facts were that one James 0. Burke, the defendant’s testator, died in 1864, leaving a will by which he gave to his wife two slaves and other personalty, also some land for life; then, to one grand child, $400, and to others, amongthem, $500; and afterwards, to his four living children, naming them, ‘‘all my real and personal estate not heretofore disposed of, to be equally divided between…
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Action for a legacy, tried before Tourgee, J., at Eall Term 1869 of Chatham Court. The facts were that one James 0. Burke, the defendant’s testator, died in 1864, leaving a will by which he gave to his wife two slaves and other personalty, also some land for life; then, to one grand child, $400, and to others, amongthem, $500; and afterwards, to his four living children, naming them, ‘‘all my real and personal estate not heretofore disposed of, to be equally divided between the four.” At the time of his death the testator owned six slaves, of average value, besides other personal property,…
1Opinion of the Court
Peaüsoít, C. J.
In Robinson v. McIver, 63 N. C. 645, it is said: “When land and personal estate are made a mixed fund in a residuary clause, tbe land, as well as tbe personalty is subject to the payment of pecuniary legacies. This, however, is not on tbe footing of a charge on land, like tbe annuities in this case, but on tbe ground that, in order to ascertain what is embraced in tbe residuary bind, it is necessary to take out tbe specific legacies, and then to deduct tbe pecuniary legacies, and only what remains is ‘the rest or residue of tbe estate.’ Tbe residuary legatee (and de-visee)…
2Cases cited1 opinion
- Robinson, Ex'r. C. v. . McIver and OthersSupreme Court of North Carolina · 1869
3Cited by3 opinions
- Barbara Alexander v. . Peter A. SummeySupreme Court of North Carolina · 1872
- Hill v. . TomsSupreme Court of North Carolina · 1882
- Litaker v. . StallingsSupreme Court of North Carolina · 1930