Melchor v. . Burger
Supreme Court of North Carolina
George Miller, by his will duly executed to pass personal property, but not sufficiently attested to pass land, bequeathed certain negroes to the defendant, the daughter of his deceased child, Esther Burger.
Read the full summary
George Miller, by his will duly executed to pass personal property, but not sufficiently attested to pass land, bequeathed certain negroes to the defendant, the daughter of his deceased child, Esther Burger. The will then proceeded as follows: “ It is further my will, that all the balance of my pro- “ perty, both real and personal, after my death, shall be “ divided and distributed according to the laws of North ■“ Carolina, relating to the estates of intestates, with this 41 exception alone, my said grand-daughter Christian shall “ not be entitled to receive any part of my estate, as heir-…
1Opinion of the Court
Gaston, Judge,
after stating the case as above, proceeded : — Ever since the case of Noyes v. Mordaunt, which was decided in 1706, (2 Ves. 581,) it has been holden for ■an established principle of equity, that where a testator by his will confers a bounty on one person, and makes a disposition in favour of another prejudicial to the former, the person thus prejudiced shall not insist upon his old right, and at the saibe time enjoy the bounty conferred by the will. The intention of the testator is apparent that both dispositions shall take effect, and the conscience of the donee is affected by…
2Cited by9 opinions
- Lovett v. StoneSupreme Court of North Carolina · 1954
- Elmore v. . ByrdSupreme Court of North Carolina · 1920
- Hodges v. . StewartSupreme Court of North Carolina · 1940
- McGehee v. . McGeheeSupreme Court of North Carolina · 1925
- Tripp v. Nobles.Supreme Court of North Carolina · 1904
4 more not listed; retrieve them via the Exa API.