Kelly v. . McCallum
Supreme Court of North Carolina
Special Pkoceeding- for Partition commenced-in the Pro*bate Court, and tried at Spring Term, 1880, of Bladen Superior Court, before Nitre, J. . Hays T Shipman died in .1844, owning a large estate inland and slaves which he devises to his wife (with some exceptions not necessary to notice) and adds the following-clause to the gift; “ desiring and trusting that she will souse it that it will be to the mutual benefit of. herself and my dear children, Mary Eliza, Hays McNeill,…
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Special Pkoceeding- for Partition commenced-in the Pro*bate Court, and tried at Spring Term, 1880, of Bladen Superior Court, before Nitre, J. . Hays T Shipman died in .1844, owning a large estate inland and slaves which he devises to his wife (with some exceptions not necessary to notice) and adds the following-clause to the gift; “ desiring and trusting that she will souse it that it will be to the mutual benefit of. herself and my dear children, Mary Eliza, Hays McNeill, Sarah Dorcas and Eliza Annalso desiring that at the proper time she' will make' such advancements as prudence may…
1Opinion of the Court
Smith, C. J.,
after stating the ease. We think the ruling of the' court below correct and not liable to just complaint. No question is. made as to the construction of the will- in directing an equal distribution among the testator’s children,, and. that in the manner provided in cases of intestacy,, those who have received anything as an-advancement being called upon to account for the value of it before sharing in. the division of the residue, and we are not therefore called, upon- to put an interpretation, upon its language, and to say how far it is advisory and how far mandatory in, the…
2Cited by3 opinions
- Ezell v. HeadSupreme Court of Georgia · 1896
- Grant v. . GoochSupreme Court of North Carolina · 1890
- Albertson v. . Redding's HeirsSupreme Court of North Carolina · 1814