Outlaw v. Garner.
Supreme Court of North Carolina
Action by J. B. Outlaw, Administrator of Axy Simmons, deceased, against Joel J. Garner, Administrator of Racliel Garris, deceased, beard by Judge W. B. Allen and a jury, at the August Term, 1905, of the Superior Court of Dupi.iN County. From a judgment for the defendant, the plaintiff appealed.
1Opinion of the CourtClakk, C. J.
Nathan Garner, who died in January, 1861, bequeathed, among other legacies, to his daughter Eachel, a negro girl, and “$500 in money to her and her heirs forever. If the said Eachel Garner should die leaving no child or children, my will and desire is further that Axy Simmons to have said negro and the $500 to her heirs forever.” Eachel died a widow and intestate in November, 1903, leaving no child. Axy Simmons died intestate in February, 1887, and the plaintiff qualified as her administrator January 13, 1904. This action was brought to recover the $500, alleging that the legacy had been paid…
2Cases cited3 opinions
- Weimer v. BunburyMichigan Supreme Court · 1874
- Cox v. . BrowerSupreme Court of North Carolina · 1894
- Supervisors of Houghton County v. ReesMichigan Supreme Court · 1876
3Cited by1 opinion
- Lake Waterloo Corp. v. KestenbaumSupreme Court of New Jersey · 1952