Allison v. . Allison
Supreme Court of North Carolina
Cause removed from tbe Court of Equity of Cabarrus county. The main question in this case arose upon the construction of tbe will of Thomas Allison; the 5th clause of which is as follows: “ 5th. I will and bequeath to my son John G-. Allison,, the negro boy named Nat, one horse named Jim, and one colt, Sam.” The 12th clause is as follows: “ 12..
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Cause removed from tbe Court of Equity of Cabarrus county. The main question in this case arose upon the construction of tbe will of Thomas Allison; the 5th clause of which is as follows: “ 5th. I will and bequeath to my son John G-. Allison,, the negro boy named Nat, one horse named Jim, and one colt, Sam.” The 12th clause is as follows: “ 12.. The balance of my property not herein devised,.I will to- be divided equally betwmen my four children,. John Q. Allison, Robert W. Allison, Silas T. Allison and Elizabeth Allison.” John Gr. Allison died in the life-time of the testator,, and there…
1Opinion of the CourtBattle, J.
The residuary clause in the will now under consideration is of the most comprehensive character. It embraces the balance of the testator’s property of every kind not otherwise bequeathed. It must, therefore, comprehend, as was said by the Court in Sorrey v. Bright, 1 Dev. and Bat. Eq. Rep. 113, “ all the personalty which is not otherwise effectually disposed- of by the will, whether it be acquired after the making of the will, or whether it fall in by the lapse of a legacy, or by the particular gift of the thing being illegal and void.” This settles the question in the present case, unless…
2Cited by4 opinions
- Allen v. MooreNew Jersey Court of Chancery · 1916
- Holton v. Jones.Supreme Court of North Carolina · 1903
- Allen v. MooreNew Jersey Court of Chancery · 1916
- Stevenson v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1932