Sessoms v. Sessoms
Supreme Court of North Carolina
The plaintiffs, who were the children of Nathan Sessoms, filed their bill to recover a legacy of $500; which they alleged that they were entitled to receive under the will of Celia Freeman. The objections on the part of the defendants were, first, that no such legacy was given- by the will.
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The plaintiffs, who were the children of Nathan Sessoms, filed their bill to recover a legacy of $500; which they alleged that they were entitled to receive under the will of Celia Freeman. The objections on the part of the defendants were, first, that no such legacy was given- by the will. But, secondly, that if there were such a legacy, it was a specific legacy, or a legacy payable out of the land only; and that the fund out of which it was intended to be raised, had failed, in consequence of the will’s having been attested by one witness only: that the power intended to be given to the…
1Opinion of the Court
Danikl, Judge,
after stating the case as above, proceeded as follows: In the construction of wills, the intention of the testator is to govern, if such intention do not contravene any rule of law. And to ascertain that intention, the court may look through the whole will. Taking these rules for our guide, we cannot fail to see that it was the intention of the testatrix, that the words u pay five hundred” were to pay five hundred dollars. All the money legacies in the will, which are both before and after the clause, in question, are expressed in dollars. In the said clause, the testratrix…
2Cited by5 opinions
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- Estate of EspitallierCalifornia Superior Court · 1915