Bivens v. . Phifer
Supreme Court of North Carolina
PetitioN for the payment of legacies under the will of David Phifer, heard before Manly, Judge, at the last Spring Term of Union Superior Court.
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PetitioN for the payment of legacies under the will of David Phifer, heard before Manly, Judge, at the last Spring Term of Union Superior Court. After giving his wife 250 acres of land, (describing it) and other property amounting in value to $850, with the liberty of taking $850 in cash for and in lieu of her thi/rd of his real estate, and a negro woman, and making other provisions which resulted in the accumulation of the fund in question, and are not material to the question involved, the testator proceeds: “ My will and desire is, that my executors hereinafter named, at my decease, shall…
1Opinion of the CourtBattle, J.
If that clause of his will by which the testator directed that his son Matthew Phifer’s heirs, his son David Phifer’s heirs, his son Ezra Phifer’s heirs, his daughter Rachel Biven’s heirs, his daughter Martha Craig’s heirs, his son Mc-Callum Phifer, and his widow Elizabeth Phifer, should take his estate after being converted into money, share and share alike, had stood alone, then according to the general rule, established by several adjudications of this Court, the legatees would take per capita and not per stirpes. Ward v. Stowe, 2 Dev. Eq. 509; Harris v. Philpot, 5 Ire. Eq. 324; Cheeves v.…
2Cited by7 opinions
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- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
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