Williams v. Hassell
Supreme Court of North Carolina
Civil aotioN, for partition, tried before Moore, Jat Spring Term, 1875, MabtiN Superior Court. The following are the facts in the case: Henry Williams died in Martin county in 1860, leaving a will which was duly admitted to probate, and J. R. Stubbs, the executor named therein, qualified and assumed his duties as such.
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Civil aotioN, for partition, tried before Moore, Jat Spring Term, 1875, MabtiN Superior Court. The following are the facts in the case: Henry Williams died in Martin county in 1860, leaving a will which was duly admitted to probate, and J. R. Stubbs, the executor named therein, qualified and assumed his duties as such. At the time of his death Henry Williams was domiciled in the county of Martini The testator left him surviving Henry Williams, the plain-tifi, Annabella, wife of J. D. Young, defendant, and Mary, (now dead,) wife of J. R. Stubbs, his only children and general legatees. Mary…
1Opinion of the CourtReade, J.
1. Suppose the testator had taken a title to the iand in his lifetime, but left the price unpaid as a debt against his estate; and the executor had paid the debt out of the personal estate, which is primarily the fund for paying debts; that would not have changed the land into personalty. It is the same in this case, where the testator had only contracted for the title. There was error in the ruling of his Honor upon this point.
2. His Honor was right in ruling that the children of the testator took only a life estate in the land, (personalty as he considered it,) but he was in error in…
2Cited by7 opinions
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
- In re FriedmanAppellate Division of the Supreme Court of the State of New York · 1917
- Miller Ex-ParteSupreme Court of North Carolina · 1884
- Young v. . YoungSupreme Court of North Carolina · 1887
- Silliman v. . WhitakerSupreme Court of North Carolina · 1896
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