Hart v. . Williams
Supreme Court of North Carolina
Special PROCEEDING commenced in the Probate Court of Yadkin, and heard at Chambers- on the 18th of December, 1876, before Cloud, J. .The plaintiffs are Henry Hart, executor, and Alfred Williams, a legatee of Nicholas L. Williams, who died in 1866, leaving a last will and testament as follows : “ 1. I will my estate both real and personal, except as hereinafter mentioned, to Henry'Hart and his heirs, in special trust and confidence that he keep, hold, use and apply the same…
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Special PROCEEDING commenced in the Probate Court of Yadkin, and heard at Chambers- on the 18th of December, 1876, before Cloud, J. .The plaintiffs are Henry Hart, executor, and Alfred Williams, a legatee of Nicholas L. Williams, who died in 1866, leaving a last will and testament as follows : “ 1. I will my estate both real and personal, except as hereinafter mentioned, to Henry'Hart and his heirs, in special trust and confidence that he keep, hold, use and apply the same to the sole and special use and benefit of my mother, Mary G. Williams, for and during her natural life ; and at her…
1Opinion of the Court
ByNüm J.
1. By reading the second clause of the will as the first, the meaning of the testator more plainly appears, though it is apparent as it now stands. Taking the second clause first, the substance and effect of the will is; “I will that my executor pay to Alfred Williams, freedman, two hundred and fifty dollars. I will the rest of my estate both real and personal to Henry Plart, &c.”
Taking the will as it 'is 'written, the sum of two hundred and fifty dollars directed to be paid to Alfred Williams, is expressly excepted from the operation of the devise and bequest to Henry Hart in trust…
2Cited by14 opinions
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