Hines v. . Hines
Supreme Court of North Carolina
Civil ACTION, tried before Boyldn, Judge, at February Term, 1886, of RICHMOND Superior Court. Joseph M. Hines died in the year 1865, leaving a will, which was soon after admitted" to probate, and therein appointing the defendant John W. Hines one of his executors, who alone accepted the trust, and entered upon the discharge of its obligations.
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Civil ACTION, tried before Boyldn, Judge, at February Term, 1886, of RICHMOND Superior Court. Joseph M. Hines died in the year 1865, leaving a will, which was soon after admitted" to probate, and therein appointing the defendant John W. Hines one of his executors, who alone accepted the trust, and entered upon the discharge of its obligations. The third item in the will is as follows: “ I bequeath to my son, M. W. Hines, four hundred dollars, to be paid to him as follows: Upon the death of my wife, he shall receive forty dollars, and forty dollars annually thereafter till the payments amount…
1Opinion of the CourtSmith, C. J.
(after stating the case). We think it clear upon the face of the complaint that no cause of action exists against the defendant in his representative character.
The delivery over to the legatee S. Elizabeth, of the property given her in the will, and her acceptance of it, were on the terms and conditions specified, and imposed upon her a direct personal obligation to pay her moiety of the annuities, without regard to the value of the estate received.
In like manner, the election of the devisee and legatee, John M., to take the estate given him, is a personal assumption of liability, and an…
2Cited by2 opinions
- Rice v. . RiceSupreme Court of North Carolina · 1894
- Summit Trust Co. v. TomkinsNew Jersey Court of Chancery · 1928