Mitchener v. . Atkinson
Supreme Court of North Carolina
Original Bill, for tbe payment of a legacy, &c., filed to Spring Term, 1866, of the Court of Equity for Johnston county. Upon the coming in of tbe answers at the same term, the cause was set for hearing and transferred to this court. The testator had died in 1860, leaving a large estate in lands, slaves, hank-stock, &c., which he divided between his widow, the complainant, and his two children, who, together with their guardian, were the defendants.
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Original Bill, for tbe payment of a legacy, &c., filed to Spring Term, 1866, of the Court of Equity for Johnston county. Upon the coming in of tbe answers at the same term, the cause was set for hearing and transferred to this court. The testator had died in 1860, leaving a large estate in lands, slaves, hank-stock, &c., which he divided between his widow, the complainant, and his two children, who, together with their guardian, were the defendants. The abolition of slavery, and other loss of property incident to tbe conclusion of the late war, had given importance to tfie question as to bow…
1Opinion of the Court
Pearson, C.- J.
On the argument Mr. Boyden took the position that, in this State,, when a legacy is given to the wife, she should be looked upon as a purchaser, and have priority over all other legatees. We do- not assent to this proposition-. A widow takes as an object of the testator’s-bounty, and stands on the same footing as other legatees.. There is no-sound reason why a legacy to her should not have the same incidents and qualities that the law attaches to legacies given to others, among which is the rule, that, specific legacies are preferred to general legacies, and general legacies…
Also in this document: Per curiam.
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