Rountree v. . Dixon
Supreme Court of North Carolina
This was a civil actior, tried before Mae Rae, J, at Fall Term, 1889, of the Superior Court of Gheeke County. It appears that some time after the month of January, 1882, F. W. Dixon, of the county of Greene, died, leaving a last will and testament, which was duly proven, and the following is a copy of such parts thereof as it is necessary to interpret in this action: “Item. — It is my will and desire that my beloved wife, Sallie R. Dixon, shall hold, use, occupy and enjoy my…
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This was a civil actior, tried before Mae Rae, J, at Fall Term, 1889, of the Superior Court of Gheeke County. It appears that some time after the month of January, 1882, F. W. Dixon, of the county of Greene, died, leaving a last will and testament, which was duly proven, and the following is a copy of such parts thereof as it is necessary to interpret in this action: “Item. — It is my will and desire that my beloved wife, Sallie R. Dixon, shall hold, use, occupy and enjoy my entire estate, both real and personal, as I have done heretofore, to care for my children in the same way, during her…
1Opinion of the Court
Mérrimos, C. J.
after stating the facts: We are of opinion that the Court below misinterpreted the material clause of the will of F. W. Dixon, the deceased testator, and erroneously gave judgment charging the estate, personal and real, with the debt of the plaintiffs. The testator does' not, by the clause of his will in question, devise to his wife an estafé for her life, or any estate in his real property, or give to her absolutely his personal properly. The language employed is not appropriate to create such estate, nor does a purpose to do so appear from the terms or obvious purpose of the…
2Cases cited1 opinion
- Cannon, Stokely & Co. v. RobinsonSupreme Court of North Carolina · 1872
3Cited by6 opinions
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- Board of Trustees of Westminster College v. DimmittMissouri Court of Appeals · 1905
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