McWilliams v. . Falcon
Supreme Court of North Carolina
Cause removed from the Court of Equity of Halifax county. The bill in this case, was filed by the executor to the will of Dudley Clanton, setting forth that the said testator bequeathed his real estate to be sold for the payment of his debts, and that if that were not sufficient for that purpose, his personal estate should be sold, and he directed that he should sell so much of his other personal estate as would with the surplus, remaining after the payment of his debts, be…
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Cause removed from the Court of Equity of Halifax county. The bill in this case, was filed by the executor to the will of Dudley Clanton, setting forth that the said testator bequeathed his real estate to be sold for the payment of his debts, and that if that were not sufficient for that purpose, his personal estate should be sold, and he directed that he should sell so much of his other personal estate as would with the surplus, remaining after the payment of his debts, be sufficient to raise, in money, $5000, to be held by the executor as a fund for the benefit of the defendant, Prances,…
1Opinion of the Court
The general rule, according to the English authorities, is to allow a pecuniary legatee interest after the expiration of one year. There are, however, many exceptions. Among others, where the money is given as a portion to a child, or one to whom the testator stood in loco parentis, or for whose support it was intended to make provision. In such cases interest is allowed from the death of the testator, because the object, i. e., to furnish means for subsistence, does not admit of delay, and the legatee should not be left to starve. So, when the legacy is demonstrative, and the fund is…
2Cases cited2 opinions
- Turnage v. . TurnageSupreme Court of North Carolina · 1850
- Beasley v. . KnoxSupreme Court of North Carolina · 1859
3Cited by3 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Gossard v. CondonSupreme Court of Kansas · 1919