Houston v. . Howie
Supreme Court of North Carolina
CONSTRUCTION of a will heard at Fall Term, 1879, of Union Superior Court, before Buxton, J. Josiah Craige died in 18G3 leaving a will in which are contained the following bequests: Item 2. “ I give and bequeath unto my sister-in-law, Sarah E. Howie, and my brother-in-law, George R. Winchester, all that part of my property that I now have, that I got with or by my wife, to be equally divided between them, to be separated from my other property by Eliza Winchester and Sarah E.…
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CONSTRUCTION of a will heard at Fall Term, 1879, of Union Superior Court, before Buxton, J. Josiah Craige died in 18G3 leaving a will in which are contained the following bequests: Item 2. “ I give and bequeath unto my sister-in-law, Sarah E. Howie, and my brother-in-law, George R. Winchester, all that part of my property that I now have, that I got with or by my wife, to be equally divided between them, to be separated from my other property by Eliza Winchester and Sarah E. Howie.” Item. 3. “I give and bequeath to my sister, Rachel Helms, and Leauder Craige, all the balance of my household…
1Opinion of the CourtSmith, C. J.
The argument on behalf of the claimants under the second item exhibited much research and careful study, and was pressed with great earnestness, but entirely fails to satisfy us that the terms of that bequest are sufficiently comprehensive to embrace this portion of the wife’s estate, or that such was the intention of the testator to be ascertained, from the words in which it is expressed.
This fund belonged to the estate of the wife, and could only be recovered by her administrator, and was first applicable to her debts if she had any. It did not specifically and in a legal sense belong to…
2Cases cited6 opinions
- Haywood v. HaywoodSupreme Court of North Carolina · 1878
- Davis v. . DavisSupreme Court of North Carolina · 1880
- Cheatham v. . CrewsSupreme Court of North Carolina · 1879
- Heilig v. . FoardSupreme Court of North Carolina · 1870
- Rowland v. . Thompson v. .Supreme Court of North Carolina · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
- Gay v. . GrantSupreme Court of North Carolina · 1888
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891