Tillett v. . Aydlett
Supreme Court of North Carolina
Wills, Construction of — Sale of Land for Assefe — Jurisdiction of Judge and Clerk. This was a special PROCEEDING by plaintiff, as administrator cum test, annexo of N. Overman, deceased, upon petition to sell lands for assets, begun before the Clerk of the Superior Court of Pasquotank County, and heard on appeal at Spring Term, 1885, before Shipp, Judge. Nathan Overman died in 1877, leaving a last will and testament.
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Wills, Construction of — Sale of Land for Assefe — Jurisdiction of Judge and Clerk. This was a special PROCEEDING by plaintiff, as administrator cum test, annexo of N. Overman, deceased, upon petition to sell lands for assets, begun before the Clerk of the Superior Court of Pasquotank County, and heard on appeal at Spring Term, 1885, before Shipp, Judge. Nathan Overman died in 1877, leaving a last will and testament. Pie appointed his wife, Margaret Overman, his executrix, who died in 1879, and the plaintiff then, during the same year, qualified as administrator cum test, annexo. Nathan…
1Opinion of the CourtAshe, J.
(after stating the facts). A question is raised by these exceptions as to the proper construction of the will of Nathan Overman upon the point “whether A. A. Tillett took an estate in the town property of the testator by devise or by inheritance?” The defendant contended she took an estate for life in said lands by descent, and thereupon, under the statute, these lands should be first sold for the debts of the testator.
This contention makes it necessary to construe the will of Nathan Overman, not so much because it is absolutely necessary to do so in determining this ease, for there is…
2Cases cited1 opinion
- Tillett v. . AydlettSupreme Court of North Carolina · 1884
3Cited by3 opinions
- Ledbetter v. . PinnerSupreme Court of North Carolina · 1897
- Jones v. . DesernSupreme Court of North Carolina · 1886
- Edney v. . MatthewsSupreme Court of North Carolina · 1940