Legal Opinion

Perry v. . Maxwell

Supreme Court of North Carolina

Decided June 5, 1834PublishedCited by 15 opinions

Stephen Outerbridge died in the year 1.824, having made and published his will which was proved by the plaintiff and by the testator of the defendant Mary,i\io executors therein appointed. This will was as follows : “First of all, it is my will and desire that all my just * ‘debts be paid. Secondly, I do hereby give and bequeath “to my grand daughter Joseph Jinn S. Johnson, formerly u Joseph Jinn S. Outerbridge,n small tract of land lying &c.

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Stephen Outerbridge died in the year 1.824, having made and published his will which was proved by the plaintiff and by the testator of the defendant Mary,i\io executors therein appointed. This will was as follows : “First of all, it is my will and desire that all my just * ‘debts be paid. Secondly, I do hereby give and bequeath “to my grand daughter Joseph Jinn S. Johnson, formerly u Joseph Jinn S. Outerbridge,n small tract of land lying &c. “and I do hereby give and bequeath unto my said grand “daughter Joseph Jtnn S. three thousand nine hundred “and seventeen dollars in notes to be taken…

1Opinion of the Court

RueEin, Chief-Justice.

The bill is filed by the surviving executor of the will of S. Outerbridgé, against thé next of kin, and some of the legatees of the testator and against the executrix of J. Maxwell, deceased, who was also one of the executors of Onterbridge. .The object of it is to have the construction of the will in several particulars settled and also to be directed a? to the principles upon which the complainant shall settle, with the representatives of his former co-executor, who in his life time transacted most of the business of the estate, and at the time of his death, had in his…

2Cases cited1 opinion

  1. Strong v. WilliamsMassachusetts Supreme Judicial Court · 1815

3Cited by15 opinions

  1. In Re LowNew Jersey Superior Court Appellate Division · 1928
  2. Shepard v. . BryanSupreme Court of North Carolina · 1928
  3. Shepard v. BryanSupreme Court of North Carolina · 1928
  4. Smith v. . SmithSupreme Court of North Carolina · 1926
  5. Allen, Exr. v. EtterIndiana Court of Appeals · 1931

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