Apple v. . Allen
Supreme Court of North Carolina
Cause removed from the Court of Equity of Caswell County. James Stuart, late of the county of Caswell, died about tbe month of-, 1854, having made and published a last will and testament, of which the following is a copy of the material parts, viz: “1st. Iloan to my daughter Prances A. Taylor, eight negroes, that is, Bill, Eliza, Stephen, Ellen, Atkinson, Lewis, Andrew and Eliza’s baby, which has no name, with all their future increase during her natural life, for her sole…
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Cause removed from the Court of Equity of Caswell County. James Stuart, late of the county of Caswell, died about tbe month of-, 1854, having made and published a last will and testament, of which the following is a copy of the material parts, viz: “1st. Iloan to my daughter Prances A. Taylor, eight negroes, that is, Bill, Eliza, Stephen, Ellen, Atkinson, Lewis, Andrew and Eliza’s baby, which has no name, with all their future increase during her natural life, for her sole use and benefit, and at her death, to the heirs of her body; and if at ber death she should have no children, nor…
1Opinion of the CourtBattle, J.
The bill is filed by the plaintiff, as the executor of James Stuart, for the purpose of getting the advice of the Court upon the construction of the will of his testator, and as to his duty in relation to several particulars which he mentions.
The first, second and third enquiries which he proposes, and upon which he seeks the direction of the Court, involve the same principle, and may be answered together.
There is no doubt that he may give his unqualified assent to the bequests contained in the first three clauses of the will. If the contingent remaindermen should have reason to fear that the…
2Cited by3 opinions
- Foil v. Newsome.Supreme Court of North Carolina · 1905
- McCullen v. . DaughtrySupreme Court of North Carolina · 1925
- Mutual Life Insurance v. SpohnCourt of Appeals of Kentucky · 1916