Legal Opinion

McDowell v. . White

Supreme Court of North Carolina

Decided January 5, 1873PublishedCited by 2 opinions

Case agreed submitted to Russell, J., at the Spring Term, 1872, of the Superior Court of Bladen county. The case as disclosed by the record sent to this Court, is; as follows: Lucy Ann Brown died in the State of Mississippi, having first made and published her last will and testament, which was admitted to probate in the county of Lowndes, in that State, in April, 1871. An exemplification of this will, duly authenticated and certified, .was exhibited before the Judge of…

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Case agreed submitted to Russell, J., at the Spring Term, 1872, of the Superior Court of Bladen county. The case as disclosed by the record sent to this Court, is; as follows: Lucy Ann Brown died in the State of Mississippi, having first made and published her last will and testament, which was admitted to probate in the county of Lowndes, in that State, in April, 1871. An exemplification of this will, duly authenticated and certified, .was exhibited before the Judge of Probate of Bladen county, N. C., in which the testatrix had property, and was filed and recorded as prescribed by law, and…

1Opinion of the CourtSettle, J.

The question in this case is, did the administrator with the will annexed have the power to sell land ?

The testatrix, after making bequests of money to divers persons, concludes her will as follows : “ The rest and residue of my estate, whether real or personal, I give to be divided between the legatees herein named in proportion to the sums herein given.”

■ The will was made and duly admitted to probate in the State of Mississippi, and this being made to appear to the Pro bate Court of Bladen county, letters of administration with the will annexed, were granted to the plaintiff, who sold a…

Also in this document: Per curiam.

2Cited by2 opinions

  1. Vaughan v. . FarmerSupreme Court of North Carolina · 1884
  2. Mabry v. . BrownSupreme Court of North Carolina · 1913

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