Bray v. . Lamb
Supreme Court of North Carolina
William Guilford made his will,executed so as to pass real estate in 1829, which he began by saying, “I dispose of m3'worldly goods as follows,” and then thus pro-ceded: “I lend to my wife Elizabeth the use of all my “lands during her life, and if at her death she should “leave an heir or heirs,lawfully begotten of her body by “me, the whole of my land to descend to said heir or “heirs in equal quantities, but for want of such heir or “heirs, all my lands, at my wife’s…
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William Guilford made his will,executed so as to pass real estate in 1829, which he began by saying, “I dispose of m3'worldly goods as follows,” and then thus pro-ceded: “I lend to my wife Elizabeth the use of all my “lands during her life, and if at her death she should “leave an heir or heirs,lawfully begotten of her body by “me, the whole of my land to descend to said heir or “heirs in equal quantities, but for want of such heir or “heirs, all my lands, at my wife’s death, to descend to “ Isaac G. Bell and William G. Bell, to them and their “heirs.” “ I give and bequeath unto Nancy…
1Opinion of the Court
Ruffin, Chief-Justice,
after stating the case as above proceeded — The only question argued in tiiis case, is, whether the legacy to the plaintiff is charged on the lands and it has been intimated from the bar, that it will probably be unnecessary for the court to proceed further than to the decision of that, as the parties will be disposed to adjust the controversy as soon as their rights in this respect are declared. We understand that the reference was made by consent to speed the cause, and without prejudice; hence, as the devisees are infants, the court lias allowed the point to be…
2Cited by3 opinions
- Hinson Ex Rel. Hinson v. HinsonSupreme Court of North Carolina · 1918
- Biddle v. . CarrawaySupreme Court of North Carolina · 1860
- Hinson Ex Rel. Hinson v. HinsonSupreme Court of North Carolina · 1918