Jacocks v. . Bozman
Supreme Court of North Carolina
This case came before the Court upon an appeal from part of a decree pronounced in the Court of Equity for Bertie. From the transcript of the record, the following appear to have been the facts. John Rhodes died in 1826, having made his will, in which he appointed William S. Rhodes executor, and gave his whole estate, subject to the payment of his debts, to his wife for life; and after her death, to the said William S., and other persons in certain proportions.
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This case came before the Court upon an appeal from part of a decree pronounced in the Court of Equity for Bertie. From the transcript of the record, the following appear to have been the facts. John Rhodes died in 1826, having made his will, in which he appointed William S. Rhodes executor, and gave his whole estate, subject to the payment of his debts, to his wife for life; and after her death, to the said William S., and other persons in certain proportions. The personalty consisted of crop, stock, provisions, farming utensils, and furniture, and seven negro men. The testator was indebted…
1Opinion of the Court
Ruffin', Chief Justice,
having stated the case as above, proceeded: — Independent of any agreement, the case is the ordinary one of a bequest of slaves, as parts of a general residue, to one for life, and then over; in which it becomes necessary, after applying all the rest of the estate, to raise money from the slaves to satisfy a part of the debts. The question is, in what proportion the different interests are to contribute, and how those proportions are to be raised ?
As between the legatee for life, and him in remainder, a residue of personalty other than slaves, must be sold by the…
2Cited by1 opinion
- Erwin v. . KilpatrickSupreme Court of North Carolina · 1825