Rice v. . Rice
Supreme Court of North Carolina
Civil ACTION, tried before his Honor Jacob Battle, and a jury, at May Term, 1894, of Vance Superior Court. The will of Erancis Rice contained the following provision : “ It is my desire and intention that at the death of my wife my son John shall have the tract of land on which I now reside, and shall pay to his brothers, my sons, William and Robert, each one-third of $1,300.” John Rice, the devi-see named, was appointed executor of his father’s will, and caused it to be…
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Civil ACTION, tried before his Honor Jacob Battle, and a jury, at May Term, 1894, of Vance Superior Court. The will of Erancis Rice contained the following provision : “ It is my desire and intention that at the death of my wife my son John shall have the tract of land on which I now reside, and shall pay to his brothers, my sons, William and Robert, each one-third of $1,300.” John Rice, the devi-see named, was appointed executor of his father’s will, and caused it to be admitted to probate, and qualified as executor thereof on the 1st day of February, 1869. The wife of the testator died in…
1Opinion of the CourtBurwell, J.
(after stating the facts): When John Rice signified, in 1869, his election to accept the devise of land made to him by his father by having the will probated and taking possession of the land thereunder, he became, by the terms of the will, personally liable to his brothers Robert and William each for one-third of $1,300. Immediately upon his taking the land he became debtor to each of his brothers. Each one of them might then have maintained an action against him personally for the sum due him. Hines v. Hines, 95 N. C., 482; Aston v. Galloway, 3 Ired. Eq., 126.
Whether by the terms of the…
2Cases cited1 opinion
- Hines v. . HinesSupreme Court of North Carolina · 1886
3Cited by8 opinions
- Allen v. . AllenSupreme Court of North Carolina · 1897
- Jordan v. MasseyCourt of Appeals of Texas · 1911
- Hunt v. . WheelerSupreme Court of North Carolina · 1895
- Hunter v. . WestSupreme Court of North Carolina · 1916
- Newsome v. . HarrellSupreme Court of North Carolina · 1915
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