Jones v. . Jones
Supreme Court of North Carolina
John Sherran, having a wife and one daughter, an only child, in September, 1831, made his will as follows: “First. I give and bequeath unto my beloved wife M-“sey Sherran, fourteen negroes, to wit: Jack, ICeziah, “Jim, Lewis, Msey, Sally, George, Owen, Sally, Ear-“riet, Gamy, Candis and Henderson — four beds and fur“niture, three chests and tables, with all the rest of my “ household and kitchen furniture, stock of horses, cat“tle, hogs and sheep.
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John Sherran, having a wife and one daughter, an only child, in September, 1831, made his will as follows: “First. I give and bequeath unto my beloved wife M-“sey Sherran, fourteen negroes, to wit: Jack, ICeziah, “Jim, Lewis, Msey, Sally, George, Owen, Sally, Ear-“riet, Gamy, Candis and Henderson — four beds and fur“niture, three chests and tables, with all the rest of my “ household and kitchen furniture, stock of horses, cat“tle, hogs and sheep. Further, I give unto my wife.#/-“sey Sherran the tract of land wltereon I live* contain- “ ing two hundred and twenty-eight acres : also,another “…
1Opinion of the Court
GastoN, Judge.
The principal question in this case is, whether the testator has by the codicil to his will,revoked altogether the devises and bequests which he had made to his wife, or has revoked those dispositions only as t > a moiety of the property so given, and which moiety is, by the codicil, devised and bequeathed to his son Wesley. After reciting the devises and bequests to his wife, the words of the codicil are, “now I do revoke and make void the said legacies to my wife.”— These words taken by themselves, leave no room for construction — they express an absolute and entire revocation…
2Cited by4 opinions
- Allen v. BeemerIllinois Supreme Court · 1939
- State Ex Rel. Clark v. PeeblesSupreme Court of North Carolina · 1897
- In re the Will of James Paul AllenCourt of Appeals of North Carolina · 2017
- Wachovia Bank & Trust Co. v. W. H. King Drug Co.Supreme Court of North Carolina · 1940