Battle v. . Lewis
Supreme Court of North Carolina
ActioN beard by Biggs, J., at February Term, 1908, of Wake. This action was brought by the executor of Maria T. Haywood against her devisees, legatees and heirs at law, and the vestry and trustees of Ghrist Church 'for a construction of her will.
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ActioN beard by Biggs, J., at February Term, 1908, of Wake. This action was brought by the executor of Maria T. Haywood against her devisees, legatees and heirs at law, and the vestry and trustees of Ghrist Church 'for a construction of her will. The plaintiff alleges in his complaint: 1. That Maria T. Haywood, late of said county, died in said county during the month of December, 1906, leaving a last will and testament, of which the plaintiff was duly appointed executor, and duly qualified as such about 1 January, 1907. A copy of said last will and testament is hereto attached and asked to…
1Opinion of the Court
Walker, J.,
after stating the case: The will which we are asked to construe has no general residuary clause. The testatrix, in item 4, devised certain lots in the city of Raleigh to her executor for the purpose of being sold, with the direction that of the proceeds of the sale $700 should be applied as provided in item 2, .and the residue “in discharge of the pecu niary legacies” given in a subsequent part of tlie will. In item 5 slie bequeathes from the fund thus to be created by a sale of the lots the sum of $500 to her brother, Frank Haywood, and $500 to each of her nephews, who are named…
2Cases cited10 opinions
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Beekman v. . BonsorNew York Court of Appeals · 1861
- Riker v. . CornwellNew York Court of Appeals · 1889
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- Perry v. . MaxwellSupreme Court of North Carolina · 1834
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Hammer v. HammerCourt of Appeals of North Carolina · 2006
- Hill v. Norfolk Southern RailroadSupreme Court of North Carolina · 1915
- Stine v. Southern Railway Co.Supreme Court of North Carolina · 1908