Legal Opinion

Coley v. . Ballance

Supreme Court of North Carolina

Decided December 5, 1864PublishedCited by 1 opinion

1Opinion of the Court

All of the property embraced in the legacies which lapsed by the death of the legatees falls into the residue. This is the general rule, and there is nothing to take this case out of its application.

2. The cattle and increase fall into the residue, subject to the estate of Ruffin Ballance, until Tawboro would have been 21 years (636) old, if he had lived.

3. The interest of Francis Allgood Ballance in the beds and bedsteads does not survive, but falls into the residue. The effect of the act of the Legislature abolishing survivorship among joint tenants is to change the rule which had in…

2Cases cited2 opinions

  1. Robinson, Ex'r. C. v. . McIver and OthersSupreme Court of North Carolina · 1869
  2. Mabry v. . StaffordSupreme Court of North Carolina · 1883

3Cited by1 opinion

  1. Stevenson v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1932

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