Foulkes v. . Foulkes
Supreme Court of North Carolina
Cause removed from the Court of Equity of Guilford County. Dr. John A. Foulkes made his last will and testament several years before his death, which occurred in the year 1853, and appointed the plaintiff and anSther to act as executors;, hut the former only qualified.
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Cause removed from the Court of Equity of Guilford County. Dr. John A. Foulkes made his last will and testament several years before his death, which occurred in the year 1853, and appointed the plaintiff and anSther to act as executors;, hut the former only qualified. By the fifth clause of his will, he gives to the plaintiff all his personal property, not specifically disposed of, during her life, with the power of disposing of one-third part of his personal estate (slaves excepted) between his two children. The seventh clause of his will is as follows : “ I give, devise and bequeath to my…
1Opinion of the CourtPeabsoN, J.
The bequest of the slave Andrew to the defendant, is subject to an express condition: “ But should my son make my estate pay for the price of Jack, then I direct that Andrew shall not pass to J ames,” (his son.) In other words: the bequest of this slave to the defendant, is to be void if he exacts from the estate the price of Jack. It is true ho did not, in the words of the condition, exact the price of Jack from the estate of the testator, but he exacted it from the testator in his life-time, and, without reference to the learning in regard to ademption and satiffaction, or revocation, we…
2Cited by6 opinions
- Greene v. SpiveySupreme Court of North Carolina · 1952
- Mims v. MimsSupreme Court of North Carolina · 1982
- Wright v. McMullanSupreme Court of North Carolina · 1959
- Gerdes v. ShewCourt of Appeals of North Carolina · 1969
- Roberson v. PenlandSupreme Court of North Carolina · 1963
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