Payne v. Sale
Supreme Court of North Carolina
Simon Williams died in the year 1808, having previously, by his last will duly executed, made a disposition of certain slaves in the following words, to wit: “ I lend unto my son, Alanson Williams, and my son-in-law, Anthony Sale, in trust for the only use and benefit of my daughter, Betsey Payne, during her natural life, against the claims or control of her present or future husband, the following negroes and their future increase: Teresa and her two children, the names not…
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Simon Williams died in the year 1808, having previously, by his last will duly executed, made a disposition of certain slaves in the following words, to wit: “ I lend unto my son, Alanson Williams, and my son-in-law, Anthony Sale, in trust for the only use and benefit of my daughter, Betsey Payne, during her natural life, against the claims or control of her present or future husband, the following negroes and their future increase: Teresa and her two children, the names not known, Daniel, Ransom and Creecy. My will arid desire is, that the negroes and their future increase, lent to my son,…
1Opinion of the Court
Gaston, Judge,
after stating the case as above, proceeded as follows: The question for our decision is, whether the legal effect of these bequests be to vest the absolute equitable interest of the slaves in the testator’s daughter, Mrs. Payne, or only the equitable interest therein, during her life. The court has fully considered the subject, and is of opinion that the latter is the correct exposition of the will. It was insisted in argument by the counsel for the plaintiff, that where a testator bequeaths personal property to one for life, and after his decease to the heirs of his body, such…
2Cited by17 opinions
- Richardson v. . CheekSupreme Court of North Carolina · 1937
- In re Will of DeytonSupreme Court of North Carolina · 1919
- In Re Will of Margaret DeytonSupreme Court of North Carolina · 1919
- In Re Will of EdwardsSupreme Court of North Carolina · 1916
- In Re the Will of PerrySupreme Court of North Carolina · 1927
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