Hogan v. . Hogan Ex'r .
Supreme Court of North Carolina
Bill, set for hearing upon replication and- proofs, and transmitted to this Court, from Pall Term 1866 of the Court of Equity for OraNGE. The bill was filed by certain legatees and next of kin of Thomas Hogan deceased, against the defendants, as his executors.
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Bill, set for hearing upon replication and- proofs, and transmitted to this Court, from Pall Term 1866 of the Court of Equity for OraNGE. The bill was filed by certain legatees and next of kin of Thomas Hogan deceased, against the defendants, as his executors. It set forth that, by his will made on the 20th of November ‘1856, the deceased had, among other things, bequeathed to Martha Kirkland, one of the plaintiffs, one thousand dollars “ to pay her debts and for her support as she needs it;” and after giving other legacies, had concluded as follows: “and should there be anything at my death…
1Opinion of the CourtReads, J.
1. The first exception is sustained. After several specific bequests, there is the following: “ And should there be anything at my death undivided, it is my wish that it. be sold and equally divided among my four sons, after paying my funeral expenses and all just debts.”
There were on hand, undivided, a consiberable amount in money and choses in action, and an inconsiderable amount of personal property, and tbe question is, whether the money and choses in action pass nnder the residuary clause.
It is so clear that the testator did not intend to die intestate as to anything, that we should feel…
2Cases cited1 opinion
- Thornton v. BurchSupreme Court of Georgia · 1856
3Cited by4 opinions
- Hogan v. . KirklandSupreme Court of North Carolina · 1870
- Vaughan v. Town of MurfreesboroSupreme Court of North Carolina · 1887
- In Re CrossSupreme Court of North Carolina · 1933
- Harkness v. . HarkeySupreme Court of North Carolina · 1884