Cooper v. . Cannon
Supreme Court of North Carolina
Bill, for the settlement of an estate, filed to Spring Term, 1861,/of the Court of Equity for Pitt, and, at Spring Term, 1866, transmitted, upon bill, answers and exhibits, to this court.
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Bill, for the settlement of an estate, filed to Spring Term, 1861,/of the Court of Equity for Pitt, and, at Spring Term, 1866, transmitted, upon bill, answers and exhibits, to this court. The complainants, who were some of the next of kin oí Theophilus Slaughter, deceased, set forth that he left a considerable estate, most of which he had devised to his wife, and then, “ at the death of my beloved wife, whatever property remains belonging to my estate, to be divided amongst our next of kin,” &c.; that the testator had left no persons who were, at the same time, next of kin to both himself and…
1Opinion of the CourtReade, J.
The clause of the will presented for consideration is as follows:
“I give unto my beloved wife, Nancy, all of my stock,” &c., “ Whatever property remains belonging to my estate to be divided among our next of kin.”
There are persons who are next of kin to the husband, (the testator,) and there are persons who are next of kin to the wife; but there are no persons who are next of kin to both husband and wife.
The question is, who are meant by our next of kin ?
If there were persons next of kin to both husband and wife, they would fit the description, our next of kin, and they would take the whole.
As…
2Cited by1 opinion
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