Den Ex Dem. Ferebee v. Procter
Supreme Court of North Carolina
Thomas Pool Williams, being seised of the premises in the declaration mentioned, made his will on the 24th of October, 1799, and therein devised two tracts of lands particularly described, to his son Samuel. The will then contains these clauses: “ It is my will and desire, that my executor hereinafter mentioned, pay all my just debts. Thirdly, I leave all my negroes to be equally divided between my wife, Elizabeth, my daughter, Peggy, and my son, Samuel.
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Thomas Pool Williams, being seised of the premises in the declaration mentioned, made his will on the 24th of October, 1799, and therein devised two tracts of lands particularly described, to his son Samuel. The will then contains these clauses: “ It is my will and desire, that my executor hereinafter mentioned, pay all my just debts. Thirdly, I leave all my negroes to be equally divided between my wife, Elizabeth, my daughter, Peggy, and my son, Samuel. Fourthly, I .leave all my lands not given away, to be sold at six and twelve months credit; and after my debts are paid, the .residue of my…
1Opinion of the Court
Ruffin, Chief Justice,
after stating the facts as above, proceeded as follows: — The premises descended to the testator’s two children, unless they are devised in the will to Sawyer, the executor, or to the wife and children. We think with his Honor, that no estate is given to the executor, but only a power to sell, coupled with a trust for the payment of the debts and legacies. The words are, “ I leave my lands, not given away, to be sold.” It is not said to whom they are left; nor in that part of the will, by whom they are to be sold. Lord Coke says, that “ when a man deviseth his tenements…
2Cited by16 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Speed v. PerrySupreme Court of North Carolina · 1914
- Speed v. . PerrySupreme Court of North Carolina · 1914
- Barbee v. . CannadySupreme Court of North Carolina · 1926
- Vanderbilt v. . ChapmanSupreme Court of North Carolina · 1916
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