Lassiter v. . Wood .
Supreme Court of North Carolina
ACTION to enforce the payment of legacies, tried before Fool, J., at Fall Term 1868 of the Superior Court of Per-quimaNS. The plaintiffs were some of the legatees and devisees under the will of B. S. Skinner, deceased; and the defendants were the executors, and other devisees and legatees.
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ACTION to enforce the payment of legacies, tried before Fool, J., at Fall Term 1868 of the Superior Court of Per-quimaNS. The plaintiffs were some of the legatees and devisees under the will of B. S. Skinner, deceased; and the defendants were the executors, and other devisees and legatees. Benjamin S. Skinner died in Perquimans county in March 1861, having first made and published his last will and testament, which was duly admitted to probate, and a copy of which was filed as an exhibit to accompany the complaint. ‘The parts of the will necessary to an understanding of the case •are as…
1Opinion of the CourtReade, J.
The testator had a large estate, consisting; almost altogether of lands and slaves; and be had eight children, five daughters and three sons.
The difficulty in settling the rights of the parties arises out of the altered condition of the testator’s estate by reason of the emancipation of the slaves.
It is apparent that the leading purpose of the testator was to make all his children equal. The purpose of the testator as gathered from the will, is always to be carried out by the.' Court, and minor considerations when they come in the way must yield. Especially is this so, when the purpose is in…
2Cited by25 opinions
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- In re the Judicial Settlement of the Account of Proceedings HardenAppellate Division of the Supreme Court of the State of New York · 1917
- Flynn v. HolmanSupreme Court of Iowa · 1903
- Balsley v. . BalsleySupreme Court of North Carolina · 1895
- Snow v. BoylstonSupreme Court of North Carolina · 1923
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