Watson v. . Smith
Supreme Court of North Carolina
This was a controversy submitted without action at Spring Term, 1892, of Wake Superior Court, Connor, J., presiding. The question presented arose in the construction of item 15 of the will of Dr. J. 0. Watson, which was in the following words: “ Lastly, all the rest and residue of my estate, real and personal, not herein and hereby disposed of with effect, I do hereby devise and bequeath as follows: After paying all of my just debts, legacies and funeral expenses, and the…
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This was a controversy submitted without action at Spring Term, 1892, of Wake Superior Court, Connor, J., presiding. The question presented arose in the construction of item 15 of the will of Dr. J. 0. Watson, which was in the following words: “ Lastly, all the rest and residue of my estate, real and personal, not herein and hereby disposed of with effect, I do hereby devise and bequeath as follows: After paying all of my just debts, legacies and funeral expenses, and the charges for settling my estate and executing this will, I give the whole unto my nephew John W. B. Watson, to have and to…
1Opinion of the Court
Shepherd, J.:
The particular provision in the will of J. 0. Watson, the construction of which is involved in this controversy, is by no means a stranger to this Court. In Watson v. Watson, 3 Jones Eq., 400, the Court declared that the land, being limited by way of contingent remainder to persons not in esse, it had no power to order a sale for the purpose of converting it into moré beneficial property. In Watson v. Dodd, 68 N. C., 528, it was held that the contingent interest of one of the devisees expectant upon the death of the life-tenant without issue, could not be subjected to the payment…
2Cases cited3 opinions
- President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
- Bodenhamer v. . WelchSupreme Court of North Carolina · 1883
- Watson v. . DoddSupreme Court of North Carolina · 1873
3Cited by32 opinions
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
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