Richmond v. . Vanhook
Supreme Court of North Carolina
Cause removed from the Superior Court of Law of Caswell County, at the Spring Term, 1845, by consent of the parties. The bill states, that John Richmond died in the year 1841, having, in the year 1880, duly made and published his last willand testament, and which, after his death was duly proven, and letters testamentary granted by the proper court to the defendant Vanhook.
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Cause removed from the Superior Court of Law of Caswell County, at the Spring Term, 1845, by consent of the parties. The bill states, that John Richmond died in the year 1841, having, in the year 1880, duly made and published his last willand testament, and which, after his death was duly proven, and letters testamentary granted by the proper court to the defendant Vanhook. By his will the testator devised as follows: “I give to my beloved wife, Mary Richmond, my dwelling house, all near out houses, and three hundred acres of land whereon 1 now live; also I give her one negro man, Gabe, one…
1Opinion of the CourtNash, J.
The facts in this case are not controverted ; and our only business is to put a construction on the will of John Richmond. It is contended by the plaintiff, in the first place, that by the death of Mrs. Richmond during the life of the testator, the legacy to her is either lapsed, whereby it falls to the residuum; or the testator has died intestate as to the property contained in it: neither proposition is true.
It is a general rule, that where a legatee dies before the tator, the legacy lapses. But there are several exceptions to it, all of which are enumerated by Mr. Roper in his Treatise' on…
2Cited by6 opinions
- Buchwald v. BuchwaldCourt of Appeals of Maryland · 1938
- Winkler v. WoodruffCourt of Chancery of Delaware · 1935
- Ford v. . WhedbeeSupreme Court of North Carolina · 1834
- Herdman v. BoardmanCalifornia Court of Appeal · 1929
- Jones v. . JonesSupreme Court of North Carolina · 1801
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