Devereux v. . Devereux
Supreme Court of North Carolina
Petition to Rebear, filed by plaintiff and beard at June Term, 1879, of The Supreme Court. Tbe petition assigns errors apparent in tbe opinion and decree of this court rendered a¿ Jan^ry term, 1878, in the above entitled cause, reported in 78 N. C., 386: 1. In that, by the last will and testament of Mrs. C. A. Edmonston, the pecuniary lefacy" of'$4,000 to her niece, Rachel Jones, and the legacies- of $1,Q.00 each to her three sisters, were held by the courtortoA he' Charged…
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Petition to Rebear, filed by plaintiff and beard at June Term, 1879, of The Supreme Court. Tbe petition assigns errors apparent in tbe opinion and decree of this court rendered a¿ Jan^ry term, 1878, in the above entitled cause, reported in 78 N. C., 386: 1. In that, by the last will and testament of Mrs. C. A. Edmonston, the pecuniary lefacy" of'$4,000 to her niece, Rachel Jones, and the legacies- of $1,Q.00 each to her three sisters, were held by the courtortoA he' Charged on the real estate devised in said will to the .plaintiff, T. P. Devereux. . 2. In that, the superior court had ho…
1Opinion of the CourtDillard, J.
The main question for. our consideration under the alleged errors, arises updertlie one which assigns error to be in the ruling, that thb lands devised to the plaintiff -intrust for his mother for the life .óf John Devereux, with remainder to himself and the hei-rs male of his body, and in default of such heirs, then over tq John Devereux in fee, were charged together with the-personal estate with the payment of the said pecuniary legacies to the niece and three sisters of the testatrix.
1. It is a cardinal rule -in construing a will, to ascertain and carry out the intention of the testator or…
2Cases cited2 opinions
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- Oliver v. . WileySupreme Court of North Carolina · 1876
3Cited by16 opinions
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