Wallston v. . Braswell
Supreme Court of North Carolina
Bill removed from the Court ox Equity, of Edgecombe county, at Fall Term, 1853. Robert R. Braswell, by his will, duly executed and proven,, gave to his children Benjamin, Joseph, Thomas, Robert S., Arnetta, Ansey, Margaret, and to Anseylina, his widow, certain specific legacies, and then bequeathed the remainder of his estate to he sold, and the proceeds “ to be equally divided between his living children and their lawful heirs.” Benjamin Gf.
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Bill removed from the Court ox Equity, of Edgecombe county, at Fall Term, 1853. Robert R. Braswell, by his will, duly executed and proven,, gave to his children Benjamin, Joseph, Thomas, Robert S., Arnetta, Ansey, Margaret, and to Anseylina, his widow, certain specific legacies, and then bequeathed the remainder of his estate to he sold, and the proceeds “ to be equally divided between his living children and their lawful heirs.” Benjamin Gf. Braswell and Joseph J. Braswell were appointed executors, hut only Benjamin qualified, the other having renounced. Margaret, one- of the children,…
1Opinion of the CourtPeaeson, J.
It was held in Allen v. Smitherman, 6 Ired. Eq. 341, that the assignee of a distributive share takes it, subject to all the equities to which it was liable, at the date of the ass:gnment. We go fuither, and hold that he takes it, subject to all equities, up to the time that he gives notice to the administrator.
In our case, an executor held a residuary fund, to be divided among the children of the testator. The husband of one of the children assigned his share. Afterwards, the executor, having no notice of the assignment, took his note, without security, and paid off debts at his request, with…
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