Aston v. . Galloway
Supreme Court of North Carolina
'[’his cause was removed to the Supreme Court from the Court of Equity of Rockingham County, at Fall Term, 1842. This bill, which was filed on the 2d of May, 1835, was brought to recover a legacy of £100 and interest, which it alleges that one William Aston bequeathed to the plaintiff and charged on a tract of land devised in the said will to John Aston.
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'[’his cause was removed to the Supreme Court from the Court of Equity of Rockingham County, at Fall Term, 1842. This bill, which was filed on the 2d of May, 1835, was brought to recover a legacy of £100 and interest, which it alleges that one William Aston bequeathed to the plaintiff and charged on a tract of land devised in the said will to John Aston. In the year 1795, William Aston made . . 1 ’ will and in it he gave to his wile Rebecca Aston a large legacy of personal property, and in the same clause he ed to say ; “ I also lend to her the use of the rest of my estate, of what nature or…
1Opinion of the Court
Daniel. J.
First; was the £100 given to the plaintiff, as is stated in the case, a charge on the land ? Wre think it was an equitable charge, that is, that in this Court the land is to be regarded as a security for it. In the cose of Abrams v Windup, 3 Russ. R. 35, a testator devised lands to Joseph Bulmer, for paying his son Thomas Bulmer £50, When of the age of twenty-one years. The Master ot the Rolls was of opinion, that this was a devise of the fee to Joseph Bulmer, charged with the payment of the £50 to his son. In Miles v Leigh, 1 Atk. 573, testator devised lands to his wife for life,…
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- Marsh v. . MarshSupreme Court of North Carolina · 1931
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