Hurdle v. . Outlaw
Supreme Court of North Carolina
Cause removed from the Court of Equity of Alamance County, at the Eall Term, 1854. The hill was filed hy the plaintiffs as the next of kin of David Outlaw, deceased, alleging that he had made'and published his last will and testament, which was solemnly admitted to probate, and which is as follows : “ It is my wish and desire, that my good friend and relative, Dr. Joseph B. Outlaw, have all my property-of every description. DAVID OUTLAW.
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Cause removed from the Court of Equity of Alamance County, at the Eall Term, 1854. The hill was filed hy the plaintiffs as the next of kin of David Outlaw, deceased, alleging that he had made'and published his last will and testament, which was solemnly admitted to probate, and which is as follows : “ It is my wish and desire, that my good friend and relative, Dr. Joseph B. Outlaw, have all my property-of every description. DAVID OUTLAW. Dec. 20th, 1848.”, And that the defendant took letters of administration with the will annexed of the said estate, and as administrator took possession of…
1Opinion
It is not necessary for me to deliver an opinion in this case, as I fully concur in the decision upon the ground upon which it is put: i. e. from the words of the will, it was the intention of the testator to make the defendant his "universal legatee."
But, as I delivered the opinion in Pippin v. Ellison, 34 N.C. 61, and was guilty of uttering an "obiter dictum," by laying down a broader proposition than the decision called for, (which I have always endeavored most studiously to avoid) it is not improper for me to refer to Campbell v.Smith, 10 N.C. 590, where the decision is put on the word…
Also in this document: Per curiam.
2Cases cited4 opinions
- Smith v. CampbellSupreme Court of North Carolina · 1825
- Pippin v. . EllisonSupreme Court of North Carolina · 1851
- Hollowell v. . ManlySupreme Court of North Carolina · 1920
- Burgwyn v. LockhartSupreme Court of North Carolina · 1864