Morisey v. . Brown
Supreme Court of North Carolina
Civil actioN, heard on the pleadings before Jones, J., at November Term, 1906, of the Superior Court of Duplik County. D. V. Morisey, on 9 September, 1899, duly executed bis last will and testament, in wbicb be gave to defendant Mary P. Brown certain real estate specifically described and “one thousand dollars in money.” He gave to some of the other defendants legacies and devised lands to them. To other defendants he devised land.
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Civil actioN, heard on the pleadings before Jones, J., at November Term, 1906, of the Superior Court of Duplik County. D. V. Morisey, on 9 September, 1899, duly executed bis last will and testament, in wbicb be gave to defendant Mary P. Brown certain real estate specifically described and “one thousand dollars in money.” He gave to some of the other defendants legacies and devised lands to them. To other defendants he devised land. The ninth item of the will is in the following words: “I give to my nieces, Walker and Annie Morisey, daughters of my brother James K. Morisey, the residue of my…
1Opinion of the Court
Connor, J.,
after stating the case: The principles controlling the decision of this case are simple and well settled. “The real estate of the testator specifically devised is never charged with the payment of legacies, unless either the intention to charge pecuniary legacies upon it is expressly declared, or is to be necessarily implied from the context of the will or from the facts and circumstances of the case. The presumption as between the specific devisee and pecun 'iary legatee is that the testator intends the money legally to be paid first out of the personal property and next out of…
2Cases cited1 opinion
- Barden v. Stickney.Supreme Court of North Carolina · 1903
3Cited by3 opinions
- Battle v. . LewisSupreme Court of North Carolina · 1908
- Park v. CarrollCourt of Appeals of North Carolina · 1973
- Hawaiian Trust Co. v. WilderHawaii Supreme Court · 1963