Beasley v. . Knox
Supreme Court of North Carolina
Cause removed from the Court of Equity of "Washington county. John B. Beasley died on the-day of January, 1856, having made and published his last will and testament, the first and second clauses of which, are as follows, viz : “ Eirst of all, I give and bequeath to my son, John Beasley, five thousand dollars out of the bonds and money that may be on hand at my death, to be paid by my executors without charge of commissions. “ Second.
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Cause removed from the Court of Equity of "Washington county. John B. Beasley died on the-day of January, 1856, having made and published his last will and testament, the first and second clauses of which, are as follows, viz : “ Eirst of all, I give and bequeath to my son, John Beasley, five thousand dollars out of the bonds and money that may be on hand at my death, to be paid by my executors without charge of commissions. “ Second. I give and bequeath to my son, Joseph, four thousand dollars, in like manner, as above expressed, as well as what I have already given him, making, in all, five…
1Opinion of the CourtPeaRsoN, C. J.
Where the will fixes no time for the payment of legacies, they are payable forthwith, and unless the condition of the estate requires delay, it is the duty of an executor to assent to specific legacies, and to pay pecuniary legacies as soon as funds are in hand. “ The statute allows executors and administrators two years to settle estates, on the supposition that many estates are complicated, and cannot well be settled in less time ; this, however, was by no means intended to confer, on the residuary legatee, the right to have the fund put out at interest for his benefit Turnage v. Turnage, 7…
2Cited by2 opinions
- Bost v. . MorrisSupreme Court of North Carolina · 1932
- McWilliams v. . FalconSupreme Court of North Carolina · 1861