Misenheimer v. . Sifford
Supreme Court of North Carolina
Civil action, tried before Montgomery, Judge, and a jury, at August. Term, 1885, of the Superior Court of Rowan county. Michael Rostían died in the year 1850, leaving a will, in the second clause of which he devises certain of his real estate as follows: II.
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Civil action, tried before Montgomery, Judge, and a jury, at August. Term, 1885, of the Superior Court of Rowan county. Michael Rostían died in the year 1850, leaving a will, in the second clause of which he devises certain of his real estate as follows: II. “I wish my execntor to pay all my just debts out of my pei’sonal estate, and funeral expenses; and I give and bequeath to my son Audren A. Bostian, my plantation I now live on, with all the appurtenances thereunto belonging; provided he maintain his mother during life comfortably, and shall give her houseroom and firewood, and all…
1Opinion of the CourtSmith, C. J.
(after stating the facts). "Very much of the argument for the appellant, in this Court, was directed to the construction of the will and the effect of the provision for the •support of the testator’s wife upon the devised estate. We do not deem it necessary to pursue this inquiry, since, if it were a -defeating condition, it is not apparent how this would enure to the benefit of the plaintiff, if there were any one to enforce it • while deeming it to fix a charge upon the land, would be more in consonance with the evident general purpose of the testator, in making provison for the support of…
2Cases cited2 opinions
- Gray v. . WestSupreme Court of North Carolina · 1885
- Wellons v. . JordanSupreme Court of North Carolina · 1880
3Cited by9 opinions
- Helms v. Helms.Supreme Court of North Carolina · 1904
- Cuthbertson v. . MorganSupreme Court of North Carolina · 1908
- Marsh v. . MarshSupreme Court of North Carolina · 1931
- Whitaker v. Jenkins.Supreme Court of North Carolina · 1905
- Bailey v. Federal Land BankSupreme Court of North Carolina · 1940
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