Robinson, Ex'r. C. v. . McIver and Others
Supreme Court of North Carolina
Ciyil-actxoN to obtain the construction of a will, tried by Buxton, J., at RICHMOND, Spring Term 1869. The testator, Henry W. Harrington, published his will indue form in December 1860, devising and bequeathing amongst numerous relatives and friends a large estate in lands, slaves- and other personal property. The will was elaborate, including 28 sections, and some twenty or more copy sheets.
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Ciyil-actxoN to obtain the construction of a will, tried by Buxton, J., at RICHMOND, Spring Term 1869. The testator, Henry W. Harrington, published his will indue form in December 1860, devising and bequeathing amongst numerous relatives and friends a large estate in lands, slaves- and other personal property. The will was elaborate, including 28 sections, and some twenty or more copy sheets. The-■testator died March 2d, 1868, and his will was duly proved before the Judge of Probate for Richmond county, Nov. 6th, 1868. The results of the war, in emancipating the slaves and rendering insolvent…
1Opinion of the CourtPearsoN, C. J.
1. Are the pecuniary legacies a charge on the real estate embraced by the residuary clause?
To decide this question it is necessary to determine what real estate is embraced by the residuary clause.
The land devised to Mrs. Cole, to wit, the plantation on which the testator resided, is embraced, subject to her life estate; The sixteen or seventeen thousand acres in divers tracts on Pe Dee River, &c., are embraced: Id certum, est ■quod certum reddi potest, by reference to the title deeds: And: the proceeds of the sale of the tract of land in Sumner County Tennessee, and of “the Speculation” or…
2Cases cited1 opinion
- Gallagher's AppealSupreme Court of Pennsylvania · 1864
3Cited by23 opinions
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Reid v. . NealSupreme Court of North Carolina · 1921
- Thomas Ex Rel. Thomas v. ClaySupreme Court of North Carolina · 1924
- Daniel v. . BassSupreme Court of North Carolina · 1927
- Holmes, Trustee v. HrobonOhio Court of Appeals · 1951
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