In Re Will of Wiggins
Supreme Court of North Carolina
Appeal by Lucy Little from Guión, J., at May Term, 1919, of FbANKLIN. Perry "Wiggins devised in, the sécond clause of his will to his daughter, Lucy Little, a certain tract of land, duly described, containing 50 acres.
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Appeal by Lucy Little from Guión, J., at May Term, 1919, of FbANKLIN. Perry "Wiggins devised in, the sécond clause of his will to his daughter, Lucy Little, a certain tract of land, duly described, containing 50 acres. He appointed his daughter, Jennie Wiggins, his executrix, and in clause six of said will he provided that if there was not a sufficiency of money on hand to pay his debts and funeral expenses, she was authorized to sell such personal property as was necessary, and gave to his daughter, Jennie Wiggins, “All the monies, if any, after paying as directed above, to her and to her…
1Opinion of the CourtClark, C. J.
It is true that item 6 was a residuary clause, but the articles therein given specifically to Jennie Wiggins do not abate in favor of a pecuniary legacy. In Young v. Young, 56 N. C., 217, the Court held that a devise, almost in the exact terms of this, was a specific legacy, and therefore did not abate in payment of a pecuniary legacy. In Heath v. McLaughlin, 115 N. C., 402, the Court held that the bequest of two shares of capital stock in the Columbia Manufacturing Company was a specific legacy.
In Robinson v. McIver, 63 N. C., 645, a case almost exactly on all fours with this, the Court…
2Cases cited2 opinions
- Robinson, Ex'r. C. v. . McIver and OthersSupreme Court of North Carolina · 1869
- Virgin Cotton Mills v. AbernathySupreme Court of North Carolina · 1894
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