Haywood v. Wright
Supreme Court of North Carolina
PROCEEDINGS, from Alamance, to obtain tbe construction of tbe last will and testament of Governor Tbomas M. Holt, deceased, beard by consent, a jury trial baving been formally waived at Hillsboro, N. 0., on 15 March, 1910, before bis Honor, W. J. Adams, J., bolding tbe-courts of tbe Ninth Judicial District.
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PROCEEDINGS, from Alamance, to obtain tbe construction of tbe last will and testament of Governor Tbomas M. Holt, deceased, beard by consent, a jury trial baving been formally waived at Hillsboro, N. 0., on 15 March, 1910, before bis Honor, W. J. Adams, J., bolding tbe-courts of tbe Ninth Judicial District. Tbe facts pertinent to the inquiry, found on tbe bearing to be true, are stated in tbe original complaint as follows: “1. That on 11 April, 1896, Governor Tbomas M. Holt, a resident and domiciled in said Alamance County, N. C., died in said county, leaving a last will and testament and…
1Opinion of the Court
Hoke, J.,
after stating the case: Our decisions are to the effect that when specific personal property is bequeathed to one for life, remainder over, the executors, unless the exigencies and proper administration of the estate otherwise require, may assent to the legacy and deliver the property to the life tenant. He is, ordinarily, not charged with the duty of looking further after the property, and of insuring its delivery intact to the remainderman.
This rule is qualified, or rather a different principle prevails, when a mixed fund, under ^a general residuary clause eo nomine ■is given to…
2Cases cited9 opinions
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Holt v. HoltSupreme Court of North Carolina · 1894
- Payne v. SaleSupreme Court of North Carolina · 1839
- Tayloe v. . BondSupreme Court of North Carolina · 1852
- Ritch v. . MorrisSupreme Court of North Carolina · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brown v. . BrownSupreme Court of North Carolina · 1915
- Holt v. . HoltSupreme Court of North Carolina · 1894
- Savings Bank & Trust Co. v. JohnsonSupreme Court of North Carolina · 1915
- Williard v. . WeavilSupreme Court of North Carolina · 1943
- Haywood v. . Trust Co.Supreme Court of North Carolina · 1908