Graves v. Howard
Supreme Court of North Carolina
Cause removed from the Court of Equity of Caswell county. The bill was filed by the administrator with the will annexed of Elijah Graves, praying the advice of the Court as to his duty in the payment of the debts and legacies.
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Cause removed from the Court of Equity of Caswell county. The bill was filed by the administrator with the will annexed of Elijah Graves, praying the advice of the Court as to his duty in the payment of the debts and legacies. The parts of the will material to the questions propounded, are as follows :■ “To the children of my deceased sister Elizabeth Kimbrough, who may be living at my death, I give the sum of twelve hundred dollars. v “In like manner, I give to the children of my deceased brother Thomas Graves, who may be living at my death, twelve hundred dollars, to be equally divided…
1Opinion of the CourtPeaksoN, J.
1. Virginia Swepson is entitled to a sha/re of the simes. She was living in the “ county of Caswell.” The circumstance that Mebane, in whom the legal title vested, lived out of the county, does not affect the legacy. She is the *305beneficial owner. Indeed, the will speaks of her share in the slaves. This removes all doubt.
2. The residue of “ the testator’s estate and effects,” means what is left after all liabilities are discharged and all the purposes of the testator are carried into effect. Consequently, the lots and houses in Yancyville must be sold, if, upon taking an account, it is found…
2Cited by1 opinion
- Coggins v. . FlytheSupreme Court of North Carolina · 1893