Howell v. . Tyler
Supreme Court of North Carolina
Special Proceeding commenced before the clerk for an account and settlement of the estate of William Tyler, deceased, arid heard at Fall Term, 1882, of Granville Superior Court, before Shipp, J. The case involves the construction of a will. The defendant appealed from the ruling and judgment of the court below.
1Opinion of the CourtSmith, C. J.
In the will of William Tyler, who died soon after making it, in July, 1870, is contained the following clause, numbered 3;
“ What is yet remaining, nót above disposed of, shall be held and disposed of. for the bénefit-of-Martha ■ J. Trevan’s heirs, by my executor hereafter to be named, or in such manner as be may think best and proper.”
The testator left three children, to-wit, Alfred, whom he appoints his executor, and who is the testator of the defendant William ; the defendant William, and Martha, then married, who had no children born in wedlock, but had four illegitimate children, the…
2Cited by11 opinions
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