Whitehead v. . Thompson
Supreme Court of North Carolina
Controversy submitted without action under C. C. P., § 315 for the Construction of a "Will, heard at Spring Term,, 1878, of Chatham Superior Court, before Kerr, J. The facts are as follows : — Arthur Whitehead died in the year-1876, having on the 30th day of June preceding made a will and therein appointed the plaintiffs William B. Carter and John Whitehead his executors, who shortly thereafter proved the will and qualified as executors.
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Controversy submitted without action under C. C. P., § 315 for the Construction of a "Will, heard at Spring Term,, 1878, of Chatham Superior Court, before Kerr, J. The facts are as follows : — Arthur Whitehead died in the year-1876, having on the 30th day of June preceding made a will and therein appointed the plaintiffs William B. Carter and John Whitehead his executors, who shortly thereafter proved the will and qualified as executors. The material provisions of the will necessary to a proper understanding of the controversy are these . Item 3. I will and devise to my two sons John and…
1Opinion of the Court
'Smith, • C. J.
(After stating the case as above). The only question submitted which we are called no to answer is as to the legacies given the three deceased children, and ■charged upon the mill property devised in 3d item to his sons John and Henry. Are they lapsed and extinguished ■or are they still to be paid and go into the residuum disposed ■of in item 7? We find little difficulty in solving this question.
The testator gives to his three infant sons a sum of money, and charges its payment upon the land devised to Tais sons John and Henry. Although he uses the words on the following…
2Cases cited1 opinion
- Lassiter v. . Wood .Supreme Court of North Carolina · 1869
3Cited by7 opinions
- McCallum v. . McCallumSupreme Court of North Carolina · 1914
- Allen v. . AllenSupreme Court of North Carolina · 1897
- Tilley v. . KingSupreme Court of North Carolina · 1891
- Burleyson v. . WhitleySupreme Court of North Carolina · 1887
- Allen v. . AllenSupreme Court of North Carolina · 1897
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