Everitt v. . Lane
Supreme Court of North Carolina
This cause having 'been set for hearing at the Spring Term 1843of Wayne Court of Equity, was at that Term transmitted, by consent of parties, to the Supreme Court, upon the bill, answers and report of the master. The bill was filed by the plaintiff, as executor of Charles Hopton, and the legatees in the said will mentioned were made parties defendant.
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This cause having 'been set for hearing at the Spring Term 1843of Wayne Court of Equity, was at that Term transmitted, by consent of parties, to the Supreme Court, upon the bill, answers and report of the master. The bill was filed by the plaintiff, as executor of Charles Hopton, and the legatees in the said will mentioned were made parties defendant. The bill states, that, in March 1838, Charles Hopton departed this life, having first published his last will and testament in writing duly attested, to convey real and personal estate. Tho only material parts of this will are the following:…
1Opinion of the Court
Gaston, J".
The question submitted for our decision in this case is, whether, there being a deficiency of assets to pay the-debts of the testator, the legacies bequeathed to the defendants, William K. Lane, Barbara Anne Everitt, and Lavinia Everitt, shall abate rateably with the legacy be queathed to the defendant Elizabeth Hooks, formerly the wife of the testator, or whether the burthen of meeting this deficiency shall be thrown exclusively on the latter. As it is indisputable that the legacies to the first named defendants are specific, the solution of this question depends upon the enquiry…
2Cited by6 opinions
- In Re the Estate of De BernalCalifornia Supreme Court · 1913
- Bales v. MurraySupreme Court of Iowa · 1919
- Battle v. . LewisSupreme Court of North Carolina · 1908
- Bost v. . MorrisSupreme Court of North Carolina · 1932
- Biddle v. . CarrawaySupreme Court of North Carolina · 1860
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