Dey v. Williams
Supreme Court of North Carolina
John Williams the testator of the defendants, was the guardian of his grandchild the feme plaintiff He neglected to secure a debt due her by another of his grandchildren who had died, and the object of the bill was to charge his estate with its amount.
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John Williams the testator of the defendants, was the guardian of his grandchild the feme plaintiff He neglected to secure a debt due her by another of his grandchildren who had died, and the object of the bill was to charge his estate with its amount. The defendants in their answer admitted the case made by the bill, but set up as a defence ¿he fact that their testator (the guardian) had by his will given to the ward, after the death of his wife ¿a negro and a bed and furniture, and also one fifth of the clear residue of his estate, which he declared to be in satisfaction of the debt due…
1Opinion of the Court
Gaston, Judge. —
The court cannot decree that the legacies bequeathed to the' plaintiff Elizabeth were given in satisfaction of the debt due to her by the testator. The first bequest to her is of a negro girl, abed and furniture,but not to take effect in possession until after the death of the testator’s wife. The other is of a share of tire 'proceeds of certain negroes directed to be sold, and of the general residuary estate, expressly subject to the payment of the testator’s debts, and to a life estate of his widow. A legacy is not presumed to have been intended in satisfaction of a debt due…
2Cited by1 opinion
- Rouse v. RouseSupreme Court of North Carolina · 1953