McRae v. . Battle, Ex'r .
Supreme Court of North Carolina
This was a controversy without action, submitted to Watts, J., upon the following facts agreed, to-wit: 1. Cameron F. McRae and Julia T. Burgwyn in contemplation of a marriage to be solemnized between them on the 29th day of December, 1839, entered into a marriage^ contract or agreement, the material parts of which are as fol-' lows: All the property of the intended wife is conveyed to trustees; first, for her use until the marriage; second, she reserves the right to make…
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This was a controversy without action, submitted to Watts, J., upon the following facts agreed, to-wit: 1. Cameron F. McRae and Julia T. Burgwyn in contemplation of a marriage to be solemnized between them on the 29th day of December, 1839, entered into a marriage^ contract or agreement, the material parts of which are as fol-' lows: All the property of the intended wife is conveyed to trustees; first, for her use until the marriage; second, she reserves the right to make provision out of the property for her father; third, the husband is to receive during his life -all the rents and profits…
1Opinion of the CourtPearson, C. J.
The last will and testament of Mrs. Julia McRae called a second codicil, is a plain, direct and well' written instrument, which makes a reasonable disposition of her estate under the power set out in the marriage settlement without verbiage or circumlocution.
By it the legacy of $6,000 given absolutely to her husband is confirmed, and all the rest of her estate is given to her husband for life, and then to her children and their heirs.
The life estate having fallen in, her children now claim all the rest of the estate, save the $6,000. We concur with his Honor in the opinion that they are so…
2Cases cited1 opinion
- Lee v. . PearceSupreme Court of North Carolina · 1873
3Cited by8 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Hall v. OttersonNew Jersey Court of Chancery · 1894
- Smith v. . MooreSupreme Court of North Carolina · 1908
- Farmer v. . DanielSupreme Court of North Carolina · 1880
- Sims v. . RaySupreme Court of North Carolina · 1887
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