Pruden v. . Paxton
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1878, of CiiowaN Superior Court, before Henry, J. Richard Paxton died in 1865, leaving a last will and testament appointing his wife executrix.
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Civil ActioN tried at Spring Term, 1878, of CiiowaN Superior Court, before Henry, J. Richard Paxton died in 1865, leaving a last will and testament appointing his wife executrix. Resides the property specially devised in the will he was seized in fee simple at his death of a certain plantation known as the “ Paxton farm ” in Chowan county, which was devised by the residuary clause as follows: — “ I give, devise and bequeath all my other property of every description to my beloved wife and dear children to be divided among them according to law.” The interest in the house and lot in Edenton…
1Opinion of the CourtByhum, J.
This is an action for the recovery of land, and the right of the plaintiff to recover depends upon the construction of the last will and testament of Richard Pax-' ton.
The testator first devises and bequeaths to his wife, Elizabeth, his dwelling house and lot in the town of Edenton for her life and then to be disposed of among the children at her death as she may think best. It is conceded that this devise exceeds in value her dower right in all the real estate of the testator. After other bequests, follows the clause of the will we are called upon to construe, to wit, “ Item — I give, devise…
2Cited by3 opinions
- In re GargiuloNew York Surrogate's Court · 1929
- Executors of Burnet v. BurnetNew Jersey Court of Chancery · 1879
- Ludwig v. BrunerMichigan Supreme Court · 1918