Gully v. . Holloway
Supreme Court of North Carolina
' Bill for the construction of a will, &c., filed at Spring Term Í868, of the Court of Equity for Wake, at which Term, answers having been put in, the case was transmitted to this Court. < The defendants were the widow and the next of' kin and heirs-at-law of the testator, W. H. Holloway, who died in June 1865. 'The will, after giving certain slaves to his wife, contains the following clauses: “ I also give toiny wiféhalf of my tract of‘laftd, on which I now live, including…
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' Bill for the construction of a will, &c., filed at Spring Term Í868, of the Court of Equity for Wake, at which Term, answers having been put in, the case was transmitted to this Court. < The defendants were the widow and the next of' kin and heirs-at-law of the testator, W. H. Holloway, who died in June 1865. 'The will, after giving certain slaves to his wife, contains the following clauses: “ I also give toiny wiféhalf of my tract of‘laftd, on which I now live, including the dwelling-house and other'improvements thereto bolonging. I also give unto my wife all my stock, ” &c. “ I give to my…
1Opinion of the CourtPearsoN, C. J.
It is not necessary to decide whether the-•charge on the property left to the wife for the payment of •debts, is confined to the personal property, or embraces the-land as well, for we are of opinion that, as the legacy to the-, daughter lapsed by her death, and the property given to her was undisposed of, it is the primary fund for the payment of debts. As between the wife and the daughter, the testator charged the property given to the former with the payment of his debts, but the death of the daughter changed the whole-matter, and the case then falls under the general rule, that property…
2Cited by1 opinion
- Avery, Ex ParteSupreme Court of North Carolina · 1870