Smith v. . McCrary
Supreme Court of North Carolina
This cause was set for hearing at the Spring Term, 1844, of Davidson Court of Equity, upon the bill and answer, and transmitted by consent to the Supreme Court. Thp bill was filed for the purpose of obtaining the construction of the court upon certain parts of the will of Henry McGuire.
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This cause was set for hearing at the Spring Term, 1844, of Davidson Court of Equity, upon the bill and answer, and transmitted by consent to the Supreme Court. Thp bill was filed for the purpose of obtaining the construction of the court upon certain parts of the will of Henry McGuire. The bill set forth that the said Henry McGuire died in the year 1834, having previously duly made his will with the proper solemnities to pass lands — and that the said will had been duly admitted to probate, and the executors therein named, to wit, the widow, Margaret, and James McGuire, the son of the…
1Opinion of the CourtDaniel, J.
We are of opinion that the testator, by making use of the words, u my la7ided estate,” in the above clause of his will, did not intend to include his wife’s landed estate in the said tract of land ; no fair interpretation can give the words so extreme a meaning; as he must have known, that the interest which he then held in her land would determine on his death. Seco7idly, the remainder in the testator’s land and personal estate is, by the will, directed to be sold, and the money to be raised from this mixed fund is directed to be divided among his sons and daughters. A Court of Equity…
2Cited by5 opinions
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- Brown v. . WilsonSupreme Court of North Carolina · 1917
- Phifer v. . GilesSupreme Court of North Carolina · 1912
- Alexander v. . FlemingSupreme Court of North Carolina · 1925
- Henderson v. CadwaladerAppellate Court of Illinois · 1916