Macon v. Macon
Supreme Court of North Carolina
This was a Civil ActioN, involving the construction of a will, submitted to and decided by Watts, J., at Chambers in the County of Franklin, January 31st, 1876, upon the following CASE AGREED i (1.) David Thomas died in the County of Franklin, in the month of October, 1864, leaving a last will and testament, in words and figures following, to-wit:. “ la the name of God, Amen I, David Thomas, of the Comity of Franklin and State of North Carolina, do make, publish and declare…
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This was a Civil ActioN, involving the construction of a will, submitted to and decided by Watts, J., at Chambers in the County of Franklin, January 31st, 1876, upon the following CASE AGREED i (1.) David Thomas died in the County of Franklin, in the month of October, 1864, leaving a last will and testament, in words and figures following, to-wit:. “ la the name of God, Amen I, David Thomas, of the Comity of Franklin and State of North Carolina, do make, publish and declare this to be my last will and testament, in manner following: First, I give and bequeath to my daughter, Sallie T. Macon,…
1Opinion of the Court
ByNüm, J.
The life tenant died after the emancipation of *380the slaves by the results of the war. It is clear that upon the death of the life tenant, the valuation of the land to one daughter, and an equal valuation in negroes to the other daughter were to be concurrent acts; and that the paramount purpose of the testator was that these two and only children should have an equal share of his estate at the time of this valuatiun and division. When that time arrived, however, the slaves no longer existed as property, and this secondary and minor intent of the testator as to the mode of division…
2Cases cited1 opinion
- Lassiter v. . Wood .Supreme Court of North Carolina · 1869
3Cited by4 opinions
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- Howerton v. . HendersonSupreme Court of North Carolina · 1883
- Hill v. . TomsSupreme Court of North Carolina · 1882
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951