Legal Opinion

Rudisell v. . Watson

Supreme Court of North Carolina

Decided December 5, 1833PublishedCited by 2 opinions

Zenas Alexander■ by bis will declared as follows:— “I will and bequeath to my beloved wife, Margaret “ Alexander, my dwelling bouse where I now live,with all “ the out houses and barns, during her life or widowhood, “together with an absolute right to two.beds and furni“ture, &c.-which latter, I will at her whole disposal. 411 will and bequeath to my daughter, Abigail, M. “ Hudisell, one black woman slave, Peggy, and one “ black girl called Petty, together with her two beds…

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Zenas Alexander■ by bis will declared as follows:— “I will and bequeath to my beloved wife, Margaret “ Alexander, my dwelling bouse where I now live,with all “ the out houses and barns, during her life or widowhood, “together with an absolute right to two.beds and furni“ture, &c.-which latter, I will at her whole disposal. 411 will and bequeath to my daughter, Abigail, M. “ Hudisell, one black woman slave, Peggy, and one “ black girl called Petty, together with her two beds “ and furniture, and all the household and kitchen fur- “ ture that I give her after she married: and also the “one half…

1Opinion of the Court

'Ruffin,"Chief-Justice.

'Upon looking through this will I am by no means certain that I can gather from it the intention ofthc testator upon the point involved in this suit; ortbatthe construction I am obliged, upon authority'to piit upon his'words, ho not against his intention. ¶ believe, however, tiiat tire claim of the wife cannot be sustained upon adjudged cases, or original principles.

At law a gift of chattels to the wife is a :gift to the husband, and under a devise,the right of the latter to be tenant by the courtesy, attaches in the same manner as if the estate Of the former had…

2Cited by2 opinions

  1. Ashcraft v. . LittleSupreme Court of North Carolina · 1846
  2. Ashcraft v. . LittleSupreme Court of North Carolina · 1846

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