Smathers v. . Moody
Supreme Court of North Carolina
Civil aotioN for the recovery of land, brought by R F. Smathers, administrator de bonis non, cum testamento annexo, of John Leatherwood, against W. L. Moody and V. P. Moody, and heard before Bynum, J., at Fall Term, 1892, of Haywood Superior Court on complaint and demurrer.
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Civil aotioN for the recovery of land, brought by R F. Smathers, administrator de bonis non, cum testamento annexo, of John Leatherwood, against W. L. Moody and V. P. Moody, and heard before Bynum, J., at Fall Term, 1892, of Haywood Superior Court on complaint and demurrer. The plaintiff alleged that he ivas the owner of and entitled to the possession of the land by virtue of the will of John Leatherwood, deceased, and his office as administrator, having been appointed administrator de bonis non, cum testamento annexo, upon the death of the executor named in the will and who had qualified.…
1Opinion of the Court
Burweli,, J.: The testator, whose intention is the great object of inquiry in our effort to correctly construe his will, seems most naturally to have considered four persons — his wife and his three unfortunate sons — the special objects of his provident care. To his “beloved wife,” as he calls her, he gives the home where he and she, with the blind boys, lived, and other lands, and all the furniture, and certain slaves and stock, indicating most unmistakably his wish and purpose that the home, as he left it, should be the home of his widow. ITis intentions as to her are plain.
It will be…
2Cases cited1 opinion
- McAlpine v. . DanielSupreme Court of North Carolina · 1888
3Cited by2 opinions
- Taylor v. . BrownSupreme Court of North Carolina · 1914
- Darden v. BoyetteSupreme Court of North Carolina · 1957