Chambers v. . Bumpass, Ex'r.
Supreme Court of North Carolina
Civil action, to obtain a construction of a will, submitted without suit by the parties to the controversy, and heard by Tourcjee, J., at chambers in Peeson county, July 25th, 1874, upon the following CASE AGREED. I. John A. Bailey died in Person county aforesaid, on the 30th day of May, 1874, leaving the following last will and testament, to-wit: “North Carolina, Pamcm County.
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Civil action, to obtain a construction of a will, submitted without suit by the parties to the controversy, and heard by Tourcjee, J., at chambers in Peeson county, July 25th, 1874, upon the following CASE AGREED. I. John A. Bailey died in Person county aforesaid, on the 30th day of May, 1874, leaving the following last will and testament, to-wit: “North Carolina, Pamcm County. I, John A. Bailey, of the county and State aforesaid, being of sound mind and memory, but of feeble health, and know not how long my earthly existence can last, do make and declare this, my last will and testament: 1.…
1Opinion of the CourtPeARSon, C. J.
We concur in the opinion of his Honor. No other construction can be put on the will. It was the intention of the testator that the plaintiif should enjoy the use of his house, furniture, farming utensils specifically, “ during her life or single state,” and not that she should have the interest on what it would sell for. I give to my son a library for life, with limitations over after his death ; the idea that the books are to be sold by the executor and my son is to have the interest of the purchase money during his life is absurd. So 1 give to my wife “the carriage and horses during her…
2Cited by6 opinions
- Ritch v. . MorrisSupreme Court of North Carolina · 1878
- Britt v. . SmithSupreme Court of North Carolina · 1882
- In Re the Administration of the Estate of KnowlesSupreme Court of North Carolina · 1908
- Woodard v. ClarkSupreme Court of North Carolina · 1952
- Bumpass v. . ChambersSupreme Court of North Carolina · 1877
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