Croom v. . Whitfield
Supreme Court of North Carolina
This was a bill filed by the complainant, as executor of the will of William H. Whitfield, deceased, against the. legatees and devisees in said will, in order to obtain a construction of certain clauses therein contained, and which are as follow :— “ Itém 3d. — I give unto my youngest child, William Haywood Whitfield, the sum of three thousand dollars, to be due and paid when he comes to twenty-one years of age, out of the proceeds of the sale of my lands, and one negro girl…
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This was a bill filed by the complainant, as executor of the will of William H. Whitfield, deceased, against the. legatees and devisees in said will, in order to obtain a construction of certain clauses therein contained, and which are as follow :— “ Itém 3d. — I give unto my youngest child, William Haywood Whitfield, the sum of three thousand dollars, to be due and paid when he comes to twenty-one years of age, out of the proceeds of the sale of my lands, and one negro girl named Luizar and her increase, and three-fourths of the annual hire of my boy Caleb,' for his support and maintenance,…
1Opinion of the CourtBattle, J.
There is no difficulty in either of the questions upon which our opinion is desired. The bequest to the testator’s youngest child, William Haywood Whitfield, of three thousand dollars, is clearly a demonstrative legacy payable out of the proceeds of the land directed to be sold. It has a preference over the other legacies not specifically charged upon the same fund. It is a vested legacy, because the land is directed by the will to be converted into personalty. But it is not due and payable until the legatee shall arrive at the age of twenty-one years. It does not therefore bear interest…
2Cited by6 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Shepard v. BryanSupreme Court of North Carolina · 1928
- Branch Banking & Trust Co. v. WhitfieldSupreme Court of North Carolina · 1953
- Hailey v. McLaurin's EstateMississippi Supreme Court · 1916
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