Harkness v. . Harkey
Supreme Court of North Carolina
Civil ActioN for construction of a will, heard at Spring Term, 1884, of Union Superior Court, before MacRae, J. E. S. Harkness and P. C. Stinson, executors of John Harkey deceased, brought this action against the widow and heirs-at-law of the testator to obtain a construction of his will. ■ ■ . The court below adjudged that the testator made no disposition of the money (now in his executors’ hands) and is therefore intestate as to that fund.
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Civil ActioN for construction of a will, heard at Spring Term, 1884, of Union Superior Court, before MacRae, J. E. S. Harkness and P. C. Stinson, executors of John Harkey deceased, brought this action against the widow and heirs-at-law of the testator to obtain a construction of his will. ■ ■ . The court below adjudged that the testator made no disposition of the money (now in his executors’ hands) and is therefore intestate as to that fund. From this judgment the defendants appealed.
1Opinion of the CourtMerrimoN, J.
The following is a copy of the material parts of the will, we are called upon to construe:
1st. I will and devise that my wife, Hannah Harkey, have the plantation, household and kitchen furniture, and everything that belongs to the plantation on which I now live during her natural life, then said-plantation, containing one hundred and twelve acres, to be Clark Harkey’s during his natural life, and if he die without heirs, then said land to go to John F. Harkey or his heirs.
2nd. I will that Madison Harkey’s heirs each shall have ten dollars apiece, and that shall be their full share.
3rd. I will…
2Cases cited1 opinion
- Hogan v. . Hogan Ex'r .Supreme Court of North Carolina · 1869
3Cited by1 opinion
- In Re CrossSupreme Court of North Carolina · 1933