Davidson v. Davidson's Executors
Supreme Court of North Carolina
From Mecklenburg. IN EQUITY. This was a bill filed for a legacy ; and it stated that Thomas Davidson made his will and died in the year 1800, and that by his will, he bequeathed as follows, that is to say — “ I give and bequeath to my daughter “ Mary Long Davidson, my negro woman Nanny, and “ all her children, together with all my lands and tene- “ ments, and the remaining half of my househould furni- “ ture and personal estate : also, my will is, that she be " allowed out…
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From Mecklenburg. IN EQUITY. This was a bill filed for a legacy ; and it stated that Thomas Davidson made his will and died in the year 1800, and that by his will, he bequeathed as follows, that is to say — “ I give and bequeath to my daughter “ Mary Long Davidson, my negro woman Nanny, and “ all her children, together with all my lands and tene- “ ments, and the remaining half of my househould furni- “ ture and personal estate : also, my will is, that she be " allowed out of her own part, what my Executors shall i( think a sufficient sum for clothing, schooling, and “ boarding with her…
1Opinion
I cannot better express by opinion than by using the words of a celebrated English Judge: The construction outrages grammar, and what is worse, it outrages common sense; it is a bitter pill, but we must swallow it because others have done the same"; we are bound to follow and not to lead. The judicial construction put upon the words is too uniform and of too long continuance now to be altered. It would unsettle too much property, and open the door for a flood of litigation. I am therefore bound to say, that the demurrer be sustained and the bill dismissed with costs.
Cited: Brown v. Brown, 25…
2Cases cited1 opinion
- Davis v. . AbbottSupreme Court of North Carolina · 1842