Farabow v. . Green
Supreme Court of North Carolina
Civil action for an injunction against waste and for damages, tried at September Term, 1890, of Granville Superior Court, before Armfidd, J. Elijah Green, the ancestor of the plaintiffs and defendants (who, together constitute all of his heirs at law); died about the year 1855, having first made and published his last will and testament, which was duly proved and recorded, and is ill form as follows— “ First, I give and bequeath unto the four children which is now living…
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Civil action for an injunction against waste and for damages, tried at September Term, 1890, of Granville Superior Court, before Armfidd, J. Elijah Green, the ancestor of the plaintiffs and defendants (who, together constitute all of his heirs at law); died about the year 1855, having first made and published his last will and testament, which was duly proved and recorded, and is ill form as follows— “ First, I give and bequeath unto the four children which is now living .with me, namely, Elizabeth, Rachel, Francis and Elijah E. Green, the tract of land whereon I now live, in common to their…
1Opinion of the CourtAvery, J.
after stating the facts: It seems that the testator not only devised the home place and bequeathed certain specific articles of personal property to the four children, subject to the limitations expressed in the will, but declared it to be his desire that “ all the residue of my property ” which was not therein named, should be sold and the proceeds of such sale, together with all moneys on hand, should be properly used by his executors for the benefit of the four children named in the will. The home place is devised “ unto the four children which is now living with me, namely, Elizabeth,…
2Cases cited4 opinions
- Gordon v. . LowtherSupreme Court of North Carolina · 1876
- Gay v. . GrantSupreme Court of North Carolina · 1888
- Perkins v. . PresnellSupreme Court of North Carolina · 1888
- Orrender v. . CallSupreme Court of North Carolina · 1888
3Cited by4 opinions
- United States v. LoughreySupreme Court of the United States · 1898
- Hancock v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1899
- Gordon v. . LowtherSupreme Court of North Carolina · 1876
- Ferrabow v. . GreenSupreme Court of North Carolina · 1892