State Banking Company v. Hinton

'Gilbert, J.

It is insisted that since the children of Mrs. Hinton (defendants in error), under the terms of the will of Mrs. Sanders, were made legatees, in two separate items, of separate legacies, one being real estate and the other bank stock, they are obliged to accept the legacies under both items, or forfeit the legacies under both. Under one item they are devised one half remainder interest in realty. Under the other item they are bequeathed remainder interests in 184 shares of stock in a bank. The bank stock carries the liability to assessment on insolvency of the bank. The bank has…