Whitehurst v. . Harker
Supreme Court of North Carolina
This cause was removed by consent of parties from the Court of'Equity of Carteret county, at Fall Term, 1842, to the Supreme Court. - The bill was filed by the plaintiff, as administrator with the will annexed of Eben Harker dec’d., to obtain the opinion of the court upon certain questions arising on the construction of the said will.
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This cause was removed by consent of parties from the Court of'Equity of Carteret county, at Fall Term, 1842, to the Supreme Court. - The bill was filed by the plaintiff, as administrator with the will annexed of Eben Harker dec’d., to obtain the opinion of the court upon certain questions arising on the construction of the said will. The legatees and distributees of the said Eben Harker, and also the ad-ministratrix of a deceased husband of one of the legatees, were made parties defendant. The questions, about which advice was asked, and the matters to which they relate, are stated in the…
1Opinion of the Court
Daniel, J..Eben Harker made his will, and, after several devises and bequests, the following clauses occur in his will: “ I do give to my wife all my moveable property, that is not a bove mentioned, during her natural life;” “ and after her (that is, his wife’s) death, I desire that all the moveables of mine, that I have not before mentioned for my three daughters, n ay be equally divided between my three daughters, according to the discretion of my executors.” The testator, at his death, was the owner of a slave named Rose, who was not particularly mentioned in his will. During the life of…
2Cited by2 opinions
- Cogdell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1903
- Hynes v. . LewisSuperior Court of North Carolina · 1799