Wilson v. . Powell
Supreme Court of North Carolina
Appeal from an. order made at Fall Term, 1881, of Catawba Superior Court, by Seymour, J. This was a special proceeding commenced in the probate court for a settlement of the estate and construction of the will of Mahala Sherrill, in which, on a former appeal, the question involving the amount of assets in the hands of the executor was passed upon. 75 N. C., 468. The question now is as to the proper distribution of the fund, and from the ruling of His Honor, as set out in the…
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Appeal from an. order made at Fall Term, 1881, of Catawba Superior Court, by Seymour, J. This was a special proceeding commenced in the probate court for a settlement of the estate and construction of the will of Mahala Sherrill, in which, on a former appeal, the question involving the amount of assets in the hands of the executor was passed upon. 75 N. C., 468. The question now is as to the proper distribution of the fund, and from the ruling of His Honor, as set out in the opinion of this court, upon exceptions to a referee’s report, the defendants appealed.
1Opinion of the CourtSmith, C. J.
Mahala Sherrill made her will on June 19th, 1863, and died during that summer. The testatrix divides her lands by a place on Ball’s creek, called the “High Shoal,” giving the portion above to L. N. Wilson, as trustee, for the use of her niece, Elizabeth M. Wilson, during life with remainder to her lawfully begotten heirs of her body, and the portion below to Middleton D. Hobbs, as trustee, for the use of her niece, Belza A. James, during life, with a similar limitation over upon her death. The testatrix bequeaths to the same trustees respectively, three slaves to each, to be held for the said…
2Cases cited3 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- Barbara Alexander v. . Peter A. SummeySupreme Court of North Carolina · 1872
- Robertson v. . WallSupreme Court of North Carolina · 1881