Bradshaw v. Ellis
Supreme Court of North Carolina
Anderson Ellis died possessed of one hundred slaves, and three separate tracts of land, each of which he cultivated. One tract, on which he resided, contained 565 acres — another called the Kelly tract, containing 800 acres, was half a mile distant from that first mentioned, but was cultivated with it as one farm — the third, called the Mill tract, was several miles distant from the two others, and contained 2700 acres.
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Anderson Ellis died possessed of one hundred slaves, and three separate tracts of land, each of which he cultivated. One tract, on which he resided, contained 565 acres — another called the Kelly tract, containing 800 acres, was half a mile distant from that first mentioned, but was cultivated with it as one farm — the third, called the Mill tract, was several miles distant from the two others, and contained 2700 acres. By his will, after giving several slaves to two of his daughters, with a direction that they should be estimated in the division of his personal estate, he proceeded as…
1Opinion of the Court
Daniel, Judge,
— After examining the whole will, we are of opinion, that the testator did not mean, by the words “ my plantation,” to confine the care of his wife only to the home tract of 565 acres ; but that he designed to embrace under this designation the two tracts which he cultivated together as one farm. It seems to us, that a chattel interest in the other two tracts of land passed to the widow, as trustee for the children named in the will, until William should come of age, or until the death of the widow, if that event should happen before William came of age. That this construction…
2Cited by3 opinions
- Austin v. . AustinSupreme Court of North Carolina · 1912
- Grimes v. . BryanSupreme Court of North Carolina · 1908
- Coltrain v. Dennis Simmons Lumber Co.Supreme Court of North Carolina · 1914