Brothers v. Cartwright
Supreme Court of North Carolina
Cause removed from the Court of-Equity of Pasquotank. Tbe plaintiffs, as executors of Miles Profilers, and in tlieir own rights, set out in tbeir bill the following two clauses of the will of their testator, viz : Second clause. “ I give and bequeath unto my daughter Emily the farm known as the Andrew Brothers’ tract, containing about fifty acres; and after nay wife’s death, I wish the land, last mentioned’,, sold, and'the proceeds divided among my children and their heirs.”
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Cause removed from the Court of-Equity of Pasquotank. Tbe plaintiffs, as executors of Miles Profilers, and in tlieir own rights, set out in tbeir bill the following two clauses of the will of their testator, viz : Second clause. “ I give and bequeath unto my daughter Emily the farm known as the Andrew Brothers’ tract, containing about fifty acres; and after nay wife’s death, I wish the land, last mentioned’,, sold, and'the proceeds divided among my children and their heirs.” Seventh clause. “ I give and bequeath unto my son, C. W. Brothers, twenty-five acres of wood-land, lying near Newbegan…
1Opinion of the CourtBattle, J.
The pleadings present for construction two only, of the clauses in the will of the plaintiffs’ testator, Miles Brothers. The difficulties suggested in ascertaining the meaning of these clauses may be easily solved by reference to two or three adjudications of this Court.
The land directed to be sold by the second clause became personal estate at the death of the testator’s widow, when the sale was to be made. Croom v. Herring, 4 Hawks Rep. 393. Adams’ Eq. 136. The division of the proceeds was then to take place, and it must be among those of his children who were then living, and the heirs of…
2Cited by7 opinions
- Duckworth v. Jordan.Supreme Court of North Carolina · 1905
- Lee v. Baird.Supreme Court of North Carolina · 1903
- Clifton v. OwensSupreme Court of North Carolina · 1916
- Seagle v. . HarrisSupreme Court of North Carolina · 1938
- Brown v. . WilsonSupreme Court of North Carolina · 1917
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