Ritch v. . Morris
Supreme Court of North Carolina
CONSTRÜCTION of a Will, heard at Spring Term, 1875, of •Cabarrus Superior Court, before 8chenck, J. Ezekiel Johnston, late of Cabarrus County, died in the month of July, 1874,. leaving a last will and testament which was duly admitted to probate.
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CONSTRÜCTION of a Will, heard at Spring Term, 1875, of •Cabarrus Superior Court, before 8chenck, J. Ezekiel Johnston, late of Cabarrus County, died in the month of July, 1874,. leaving a last will and testament which was duly admitted to probate. The defendants were appointed executors, and after qualifying as such, they assumed the execution of the trust reposed by the will, the two items of which bearing upon the question decided by this Court, are embodied in the opinion delivered by Mr. .Justice BvNüm. The plaintiffs contended that they were entitled to an account to ascertain the…
1Opinion of the CourtBynum, J.
After a bequest of five hundred dollars to a grandson, to be paid out of his personal estate, the testator proceeds thus: “Item 9. I give and bequeath and direct to be divided as follows, (subject to the payment of debts and incidental expenses of administration) to-wit, to my grand •daughter "William Eliza Johnston, one half of the undivided fourth part, and the residue I direct to be divided into three •equal parts, one of which I bequeath to my daughter, Mary Howie, one to my daughter, Martha Fuqua, and the remaining third to the children of my deceased son, Zebulon Johnston.
“Item 10. .The…
2Cases cited3 opinions
- Hodge v. . HodgeSupreme Court of North Carolina · 1875
- Camp v. . SmithSupreme Court of North Carolina · 1873
- Chambers v. . Bumpass, Ex'r.Supreme Court of North Carolina · 1875
3Cited by14 opinions
- Britt v. . SmithSupreme Court of North Carolina · 1882
- In Re the Administration of the Estate of KnowlesSupreme Court of North Carolina · 1908
- Ernul v. . ErnulSupreme Court of North Carolina · 1926
- Haywood v. WrightSupreme Court of North Carolina · 1910
- Woodard v. ClarkSupreme Court of North Carolina · 1952
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