Hill v. . Toms
Supreme Court of North Carolina
Civil Action for construction of a will tried at Spring Term, 1882, of Rutherford Superior Court, before Gudger, J. J. P. Mauney died in the year.1864 or 1865, having previously made his will in which are contained the following clauses; “ I give and bequeath to my beloved wife, Charlotte Mauney, twelve hundred dollars in money,” and slaves and other enumerated-articles of personal property not necessary to be set out in detail; and the testator adds, “ I also give her the…
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Civil Action for construction of a will tried at Spring Term, 1882, of Rutherford Superior Court, before Gudger, J. J. P. Mauney died in the year.1864 or 1865, having previously made his will in which are contained the following clauses; “ I give and bequeath to my beloved wife, Charlotte Mauney, twelve hundred dollars in money,” and slaves and other enumerated-articles of personal property not necessary to be set out in detail; and the testator adds, “ I also give her the use of my entire plantation, including the mill, to use as she pleases during her natural life, and at her death to be…
1Opinion of the Court
Smith, C. J:,
after stating the case. We concur with His Honor in his interpretation of the will and the legal effect of the clauses on which the controversy depends. Where there is a residuary disposition of both personal and real estate, while the former is primarily liable in exoneration of the latter, yet both are chargeable with the payment of the money legacies. “ This, however, is not on the footing of a charge on land like the annuities in this case,” remarks Pearson, C. J., in Robinson v. McIver, 63 N. C., 645, and repeated in Johnson v. Farrell, 64 N. C., 266, “ but on the ground…
2Cases cited6 opinions
- Lassiter v. . Wood .Supreme Court of North Carolina · 1869
- Robinson, Ex'r. C. v. . McIver and OthersSupreme Court of North Carolina · 1869
- Barbara Alexander v. . Peter A. SummeySupreme Court of North Carolina · 1872
- Holman v. . PriceSupreme Court of North Carolina · 1881
- Macon v. MaconSupreme Court of North Carolina · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Baptist Female University v. BordenSupreme Court of North Carolina · 1903
- University v. . BordenSupreme Court of North Carolina · 1903
- Howerton v. . HendersonSupreme Court of North Carolina · 1883
- Litaker v. . StallingsSupreme Court of North Carolina · 1930
- MacOn v. . MacOnSupreme Court of North Carolina · 1876
2 more not listed; retrieve them via the Exa API.