Biddle v. . Carraway
Supreme Court of North Carolina
Cause removed from the Court of Equity of Lenoir county. Snoad B. Carraway died in the county of Lenoir, about the year 1858, leaving a last will and testament, in which he appointed the plaintiff and the defendant, William W. Carra-way, executors, and this bill is filed against defendant, Carra-way, and the legatees and devisees, and prays among other things, for a construction of the executor’s will.
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Cause removed from the Court of Equity of Lenoir county. Snoad B. Carraway died in the county of Lenoir, about the year 1858, leaving a last will and testament, in which he appointed the plaintiff and the defendant, William W. Carra-way, executors, and this bill is filed against defendant, Carra-way, and the legatees and devisees, and prays among other things, for a construction of the executor’s will. The parts of such will as are necessary to a correct apprehension of the matters in controversy, are as follows: “First, I wish my just debts to be paid out of the sales of my perishable…
1Opinion of the Court
The bill was filed for the purpose of obtaining a construction of the will of Snoad B. Carraway, deceased, and the main questions raised by the pleadings are, whether the legacies given by the testator to his wife to repair and furnish "the house at Brandon, in Wake County," and for one year's support of her herself and her family, and the legacy of $500 given to the testator's cousin, Louisa Carraway, are bequeathed in such terms as to make them a charge upon the specific legacies; or, are they to be regarded as mere pecuniary legacies, not so charged, and, therefore, first liable for the…
2Cases cited5 opinions
- Shaw v. . McBrideSupreme Court of North Carolina · 1857
- Everitt v. . LaneSupreme Court of North Carolina · 1843
- Bray v. . LambSupreme Court of North Carolina · 1833
- Dalton v. . HoustonSupreme Court of North Carolina · 1860
- White v. . BeattieSupreme Court of North Carolina · 1827