Bryan v. Harper
Supreme Court of North Carolina
Appeal by plaintiff and defendants from Calvert, J., at tbe February Term, 1919, of New HaNover. This is an action instituted by the executor of John ~W. Harper against certain of the beneficiaries under his will to ascertain their respective interests in the estate of their testator and for instructions to the executor, and the only question presented by the appeal is as follows: Has the widow of John W. Harper the right under his will to have paid over to her the share…
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Appeal by plaintiff and defendants from Calvert, J., at tbe February Term, 1919, of New HaNover. This is an action instituted by the executor of John ~W. Harper against certain of the beneficiaries under his will to ascertain their respective interests in the estate of their testator and for instructions to the executor, and the only question presented by the appeal is as follows: Has the widow of John W. Harper the right under his will to have paid over to her the share bequeathed to her, or should it be held in trust, giving her only the income during the minority of her children, or until…
1Opinion of the CourtAllbf, J.
Two cases in our Reports (Simmons v. Flemming, 157 N. C., 390, and Braswell v. Morehead, 45 N. C., 28) are decisive of the appeal.
The Court said in the first of these cases, citing Ritch v. Morris, 78 N. C., 377, and Britt v. Smith, 86 N. C., 308, “The rule seems to be that whenever personal property is given, in terms amounting to a residuary bequest, to be enjoyed by persons in succession, the interpretation the court puts upon the bequest is that the persons indicated are to enjoy the same in succession; and in order to give effect to its interpretation the court, as a general rule, will…
2Cases cited15 opinions
- Sullivan v. GarescheSupreme Court of Missouri · 1910
- Daboll v. MoonSupreme Court of Connecticut · 1914
- Nagle v. HirschIndiana Court of Appeals · 1915
- Littler v. DielmannCourt of Appeals of Texas · 1908
- Ritch v. . MorrisSupreme Court of North Carolina · 1878
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3Cited by3 opinions
- Wilmington Trust Co. v. HoulehanCourt of Chancery of Delaware · 1925
- Williard v. . WeavilSupreme Court of North Carolina · 1943
- Baker v. HickmanSupreme Court of Kansas · 1929