Tyson v. . Walston
Supreme Court of North Carolina
Civil Action, tried on appeal from a justice of the peace, at Spring Term, 1S78, of Pitt Superior Court, before Henry, J. Jeptha Walston left a last will and testament wherein after devising and bequeathing lands and personal property to his two sons, Joseph A. Walston and John J. Walston, he devised and bequeathed his home tract of land, containing four hundred and forty acres, and all the residue of his estate, not given to others, to his three daughters, Martha, Amauda…
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Civil Action, tried on appeal from a justice of the peace, at Spring Term, 1S78, of Pitt Superior Court, before Henry, J. Jeptha Walston left a last will and testament wherein after devising and bequeathing lands and personal property to his two sons, Joseph A. Walston and John J. Walston, he devised and bequeathed his home tract of land, containing four hundred and forty acres, and all the residue of his estate, not given to others, to his three daughters, Martha, Amauda and Della, chaiging the personalty (within the' residuary gift) with the debts of the testator, with a pecuniary legacy of…
1Opinion of the Court
Dillard, J.,
after stating the case. The intention of the testator was, and such we think is the legal effect of the will, to dispose of his estate of every kind. After giving real and personal property specifically described to his sons, Joseph A. and J. J. Walston, he devised his home place and all the residue of his estate not given to them, to his three daughters, charged with his debts and two pecuniary legacies, one to his step-son and the other to his wife. This being done, clearly there would be no debts or liabilities contracted by the testator to pay, and nothing left in the hands of…
2Cases cited3 opinions
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- Kessler v. . HallSupreme Court of North Carolina · 1870
- Hall v. . CraigeSupreme Court of North Carolina · 1871
3Cited by4 opinions
- Hall v. . R. R.Supreme Court of North Carolina · 1907
- Snipes v. . MondsSupreme Court of North Carolina · 1925
- Hall v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Morehead Banking Co. v. MoreheadSupreme Court of North Carolina · 1895