Graham v. . Roberts
Supreme Court of North Carolina
Cause removed from the Court of Equity of Craven County, at the Fall Term, 1851. This was a bill, filed by the executors of Mrs. Mary Mc-Kmlay, to obtain directions from the Court as to the proper execution of the will. The only point of law submitted arose upon the following facts. Certain premises in the town of Newbern, were, by the said will, devised to Mrs. Elizabeth Daves for life, and after her death to her children, John, Edward and Graham.
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Cause removed from the Court of Equity of Craven County, at the Fall Term, 1851. This was a bill, filed by the executors of Mrs. Mary Mc-Kmlay, to obtain directions from the Court as to the proper execution of the will. The only point of law submitted arose upon the following facts. Certain premises in the town of Newbern, were, by the said will, devised to Mrs. Elizabeth Daves for life, and after her death to her children, John, Edward and Graham. The premises were insured, and, after the death of the testatrix, they were con> sumed by fire, and the insurance money received by the executors.…
1Opinion of the CourtPearson, J.
We are of opinion that the money, received upon the policy of insurance, stands in place of the buildings consumed by fire — that Mrs. Daves is entitled to the interest thereon tor life, in lieu of the use and occupation of the buildings, and the said John, Edward and Graham Daves will, at her death, be entitled to the principal money. The executors are not authorised to entrust Mrs. Daves with the money. It is their duty to keep it secure, paying to her the interest annually. The premiums of insurance is a proper charge against her and the remainder-men.
Per Curiam. Declared accordingly.
2Cited by5 opinions
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