Legal Opinion

Young v. . Young

Supreme Court of North Carolina

Decided June 5, 1857PublishedCited by 3 opinions

Cause transmitted from the Court of Equity of Stokes county. The bill was filed by the Executors to obtain the advice of the Conrt upon the following clauses in the will of Eobert Y oung, deceased, viz: “ Item 3rd.

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Cause transmitted from the Court of Equity of Stokes county. The bill was filed by the Executors to obtain the advice of the Conrt upon the following clauses in the will of Eobert Y oung, deceased, viz: “ Item 3rd. I will and bequeath to my daughter Anna Young, to her and her bodily heirs, my negro woman Mariah, aged about forty-four years, -which negro I desire for the benefit of Anna Young and her children, and not to be subject to any debt or debts which Jesse Young may contract, or have contracted.” “ Item 9th. I will and bequeath to my son John Young, in addition to what I have had to…

1Opinion of the CourtNash, C. J.

The bill is filed by the plaintiffs as the executors of Robert Young, dec’d., to obtain constructions of the 3rd, 9th and 10th clauses of the will. The 3rd clause is as follows: I will and bequeath to my daughter Anna Young, to her and her bodily heirs, my negro woman Mariah, aged about forty-four years, which negro I design for the benefit of Anna Young and her children, and not to be subject to any debt or debts which Jesse Young may contract or have contracted. The authorities on the subject are abundant to show that there are no technical words peculiarly appropriated to the creating of a…

2Cited by3 opinions

  1. Travis v. SitzTennessee Supreme Court · 1915
  2. Ashcraft v. . LittleSupreme Court of North Carolina · 1846
  3. Lowe v. . CarterSupreme Court of North Carolina · 1856

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