Executors & Devisees of M'Craine v. Clarke
Supreme Court of North Carolina
J>From Cumberland. Archibald M’Craine made bis will and devised a tract to some of the Plaintiffs, and appointed the others his executors, who offered the will for probate. Neil Clarke- and wife, (the latter of whom is one of the heirs at law and next of kin of M’Craine,) opposed the probate, and an issue of devisavit vel non was made up.
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J>From Cumberland. Archibald M’Craine made bis will and devised a tract to some of the Plaintiffs, and appointed the others his executors, who offered the will for probate. Neil Clarke- and wife, (the latter of whom is one of the heirs at law and next of kin of M’Craine,) opposed the probate, and an issue of devisavit vel non was made up. Upon the trial of this issue, the Defendants offered in evidence the declarations of one of the excutors and some of the devi-sees, who were parties to the issue ; and the court refused to receive the e\ idence. — They then proved, that after the making of…
1Opinion of the CourtRustiN, Judge
Upon the last point, it is clear that the Court informed the jury correctly. What may be the effect of such a contract in equity, upon the particular devisee of the land sold is another question. The devisee mayor may not be a trustee for the purchaser, according to circumstances' ‘, and the price of the land may or may not be a part of the testator’s personal estate for the benefit of bis residuary legatee or next of kin, also according to circumstances : But we have nothing to do with either of those questions now. The point in dispute is, whether there be a revocation of the will at law ?…
2Cited by5 opinions
- McRainy v. . ClarkSupreme Court of North Carolina · 1818
- Gore v. LigonMississippi Supreme Court · 1913
- In Re the Will of CassadaSupreme Court of North Carolina · 1948
- Medlin v. County Board of EducationSupreme Court of North Carolina · 1914
- Wright v. . WrightSupreme Court of North Carolina · 1930