Green v. . Green
Supreme Court of North Carolina
Petition by the plaintiffs as executors of Beady A. Green,, for the settlement of the estate of their testatrix, tried, upon the issue raised by the pleadings, at Fall Term, 1881, of Union Superior Court, before Avery, J. The proceeding was commenced by the executors before the clerk of the. superior court against J. L. Green, Lydia A. Duncan and J. R. Duncan, her husband, and others, legatees of the testatrix, for a final settlement of their administration and a discharge…
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Petition by the plaintiffs as executors of Beady A. Green,, for the settlement of the estate of their testatrix, tried, upon the issue raised by the pleadings, at Fall Term, 1881, of Union Superior Court, before Avery, J. The proceeding was commenced by the executors before the clerk of the. superior court against J. L. Green, Lydia A. Duncan and J. R. Duncan, her husband, and others, legatees of the testatrix, for a final settlement of their administration and a discharge from their trust. After issuing, the summons, but before filing the petition, Lydia A. Duncan died, and her husband, J.…
1Opinion of the CourtAshe, J.
All th e authorities agree that where a legacy is given to one payable or to be paid at a particular time, it is a vested legacy, because in such cases the time is annexed to the payment and not to the gift; but where these words are omitted and the legacy is given at twenty-one, or if when, in case of, or provided the legatee attains the age of twenty-one or any other definite period, these expressions annex the time to the substance of the legacy, and make the legatee’s right to it to depend on his being alive at the time fixed for payment; and consequently if the legatee should die before…
2Cited by10 opinions
- Coddington v. . StoneSupreme Court of North Carolina · 1940
- Benner v. MauerWisconsin Supreme Court · 1907
- Brookhouse v. PraySupreme Court of Minnesota · 1904
- In Re Shuford's WillSupreme Court of North Carolina · 1913
- Greene v. . StadiemSupreme Court of North Carolina · 1930
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