Adams v. Gillespie
Supreme Court of North Carolina
Cause removed to this Court from the Court of Equity of Guil-ford County. C. A. Gillespie died in the year 1854, leaving a will which was duly proved; and there being no executor named therein, the plaintiff was appointed Administrator with the will annexed, by the County Court of Guilford.
Read the full summary
Cause removed to this Court from the Court of Equity of Guil-ford County. C. A. Gillespie died in the year 1854, leaving a will which was duly proved; and there being no executor named therein, the plaintiff was appointed Administrator with the will annexed, by the County Court of Guilford. The administrator seeks the advice of the Court as to the proper construction of the will, which is as follows: “ Item 1. I give and devise unto my beloved wife, Franees Gillespie, the bouse and lot whereon I live, all my household and kitchen furniture, and all necessary firewood off of my land, and also…
1Opinion of the Court
Battíé, J.
The will which is now submitted to us for construction, does not disclose much inherent difficulty in the ascertainment of its meaning. The doubts which are suggested in relation to it, have been raised principally by the act of the testator’s widow in dissenting from it. By that dissent she has become entitled to her dower of one-third of all the testa*248tor’s real estate for her life, and to an. absolute-interest in one-third of all his personal property which may remain after the payment of all the debts and the charges of administration ; but her share “■ shall be allotted to her…
2Cited by7 opinions
- Baptist Female University v. BordenSupreme Court of North Carolina · 1903
- University v. . BordenSupreme Court of North Carolina · 1903
- Sellick v. SellickMichigan Supreme Court · 1919
- Young v. . HarrisSupreme Court of North Carolina · 1918
- Wilson v. . StaffordSupreme Court of North Carolina · 1864
2 more not listed; retrieve them via the Exa API.