Starbuck v. . Starbuck
Supreme Court of North Carolina
Wills, Construction of — Ademption—Legacies. The executor of Reuben Starbuck, filed his petition in the Superior Court before the clerk of Guilford county, for the final settlement of the estate, alleging that on account of the disagreement of the legatees, as to the proper construction of the will, that it was necessary that the Court shall construe the will, and direct his distribution of the fund amongst the legatees.
Read the full summary
Wills, Construction of — Ademption—Legacies. The executor of Reuben Starbuck, filed his petition in the Superior Court before the clerk of Guilford county, for the final settlement of the estate, alleging that on account of the disagreement of the legatees, as to the proper construction of the will, that it was necessary that the Court shall construe the will, and direct his distribution of the fund amongst the legatees. The executor asked for several instructions ou several points. Defendant, T. C. Starbuck, answered, alleging that the legatees in item 4th were adeemed by the testator. The…
1Opinion of the CourtMerrimon, J.
A legacy is specific when the thing bequeathed is persoual property specified and so designated as that that particular thing, and no other in its stead, must pass to the legatee. The legacies referred to were specific. The money designated by definite terms was itself bequeathed — that identical money and no other; they were not each for a sum fixed, to be paid out of the fund called “the purchase money of my old home plantation,” &c., but they give and embrace that, and only that, money.
Specific legacies are said to be adeemed, when in the lifetime of the testator, the particular thing…
2Cited by12 opinions
- Nusly v. CurtisSupreme Court of Colorado · 1906
- King v. . SellersSupreme Court of North Carolina · 1927
- Cable v. HARDIN OIL COMPANYCourt of Appeals of North Carolina · 1971
- Waters v. Selleck, Admr.Indiana Supreme Court · 1930
- Green v. GreenSupreme Court of North Carolina · 1950
7 more not listed; retrieve them via the Exa API.