Tyson v. Tyson
Supreme Court of North Carolina
Civil actioN, tried before Connor, J., at November Term, 1887, of ANSON Superior Court. The action was brought to obtain a construction of the will of plaintiffs’ testator, for the guidance of plaintiffs in the discharge of their duties. A jury trial was waived, and the Court found the facts. Both sides appealed.
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Civil actioN, tried before Connor, J., at November Term, 1887, of ANSON Superior Court. The action was brought to obtain a construction of the will of plaintiffs’ testator, for the guidance of plaintiffs in the discharge of their duties. A jury trial was waived, and the Court found the facts. Both sides appealed. The facts are stated by the Chief Justice as follows: John Tyson died in February, 1885, leaving a will, and therein appointing his son John A. Tyson and his sons-in-law J. F. Gaddy and Atlas D. Dumas his executors, of whom the first named two are the plaintiffs in the action, and…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The appellants have no interest in the solution of the question referable to the pecuniary bequests “to the bodily heirs of said Emeline *368J,” nor would we be disposed to differ with the Judge in his rulings upon this matter, if it were before us.
The Judge very properly declined to advise as to the devise of the land mentioned in the 10th item, and the effect of the words used in connection, “ in consideration of her taking care of her mother,” further than to say, it was not the duty of the executors, under the 11th residuary clause, to sell the land…
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