Reeves v. . Reeves
Supreme Court of North Carolina
From Orange. The Plaintiffs in this bill averred, tiiat Thomas Lynch duly made and published his last will — whereby, after devising three hundred acres of land to his brother Jesse Lynch, he proceeded as follows: “ I give all the balance « of my laud, with the appurtenances thereof to my bro- “ ther Moses. I also give, him my negro man Jim, with “ all my stock of all kinds, with tiie balance of ail my « property, to my brother Moses.
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From Orange. The Plaintiffs in this bill averred, tiiat Thomas Lynch duly made and published his last will — whereby, after devising three hundred acres of land to his brother Jesse Lynch, he proceeded as follows: “ I give all the balance « of my laud, with the appurtenances thereof to my bro- “ ther Moses. I also give, him my negro man Jim, with “ all my stock of all kinds, with tiie balance of ail my « property, to my brother Moses. That the second clause '•s üf íbi." ns,!' iasi \\V.'¡ and íebtuiyni. -nay T pronoriy ■; ursdeiv.'íf.' !s I vúsb mv broiñai‘ ^Sosís t<» h-Tait al! id7 íS…
1Opinion of the Court
Ruffin, Judge.
— The construction of the will cannot admit >>í a doubt. It trey -¡ec?i si ngukir enough, that the te-tator bh-aid, in a clause intended to pass many ne-gr-r-., expressly mention but one of them, li is argued from thence, that, he had not animnm dispouendi as to those not mentioned. But it is to be remembered, that every testator is pr esumed not to intend to die intestate, as to any part of his estate; and therefore that a residuary clause is always, unless expressly restrained, held to pass whatever is not otherwise disposed of. If there Was nothing p.irtr «lar therefore in…
Also in this document: Per curiam.
2Cited by15 opinions
- Holland v. . SmithSupreme Court of North Carolina · 1944
- Gordon v. . EhringhausSupreme Court of North Carolina · 1925
- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
- WACHOVIA BANK AND TRUST COMPANY v. WolfeSupreme Court of North Carolina · 1957
- McCain v. WombleSupreme Court of North Carolina · 1965
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