Burleyson v. . Whitley
Supreme Court of North Carolina
This was a civil ACTION, tried before Boylcin, Judge, at Fall Term, 1886, of Stanly Superior Court. The land in dispute belonged to Rebecca L. Mann, who died leaving a will, which was admitted to probate on March 20, 1883. The dispositions made of her property therein axe as follows: “I give and devise to my beloved mother, Elizabeth Mann, my whole estate, both personal and real, or for it to be put to the use of taking (“ care of” evidently omitted) her.
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This was a civil ACTION, tried before Boylcin, Judge, at Fall Term, 1886, of Stanly Superior Court. The land in dispute belonged to Rebecca L. Mann, who died leaving a will, which was admitted to probate on March 20, 1883. The dispositions made of her property therein axe as follows: “I give and devise to my beloved mother, Elizabeth Mann, my whole estate, both personal and real, or for it to be put to the use of taking (“ care of” evidently omitted) her. She cannot manage it. I want my executor, Travis Redwine, to take my whole estate, both personal and real, in hand and pay himself out of…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The instrument to be interpreted has been drawn by an unskillful hand, but it discloses throughout a predominant purpose to make ample provision for the comfort and convenience of the mother of the testatrix during her remaining life, and this even, if necessary, to the extent of consuming the entire estate. To assure care and attention to her wants, and the continued residence of the defendant upon another tract and an appropriation of rents for so much as he may be able to cultivate of it to the mother’s support, she devises at her mother’s •death, the…
2Cases cited4 opinions
- McNeely v. . McNeelySupreme Court of North Carolina · 1880
- Wellons v. . JordanSupreme Court of North Carolina · 1880
- Billingsley v. HarrisSupreme Court of Alabama · 1850
- Whitehead v. . ThompsonSupreme Court of North Carolina · 1878
3Cited by3 opinions
- In Re Estate of BestSupreme Court of Iowa · 1928
- Tyson v. . TysonSupreme Court of North Carolina · 1888
- Askew v. . DildySupreme Court of North Carolina · 1924