Hester v. . Hester
Supreme Court of North Carolina
This cause was transmitted by consent, from Granville Court of Equity, at Fall Term, 1842, to the Supreme Court. The bill was filed by the plaintiff, as administrator with the will annexed of Benjamin Hester, dec’d., to obtain the advice and direction of the court in the execution of his trust as such administrator, and the several claimants under the will were made parties defendants.
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This cause was transmitted by consent, from Granville Court of Equity, at Fall Term, 1842, to the Supreme Court. The bill was filed by the plaintiff, as administrator with the will annexed of Benjamin Hester, dec’d., to obtain the advice and direction of the court in the execution of his trust as such administrator, and the several claimants under the will were made parties defendants. The following is a copy of the will, which had been duly admitted to probate, as a will both of real and personal property, at September Term, 1838, of Granville County Court, when the plaintiff was appointed…
1Opinion of the CourtGastoN, J.
The most important question, arising upon the interpretation of this exceedingly imperfect and almost unintelligible will, is the construction of the bequest of “£100 to the testator’s brothers’and sisters’ children.” Three constructions are presented to us, the first that it is a gift of £100 to each of these children: the second, that it is a gift of £100 to each family of children of a brother or sister; and the third, that it is a gift of one £100 to the testator’s nephews and nieces equally to be divided between them. The testator, who is admitted to have been a man of. large fortune,…
2Cited by10 opinions
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- Woodcock v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1938
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