Perry v. . Rhodes
Supreme Court of North Carolina
From Hertford. The question in this cabe arose upon the following-clauses of the last will of Hardy Witherington, deceased, to-wit: “ I give and bequeath all my moveable estate, excepting- negroes, of every kind, first to my loving wife, Arcadia Witherington, till such time as my youngest daughter comes to be of the age of twenty-one’ years, and then to be divided equally among my loving wife and daughters, Arcadia Witherington, Anne Witherington, Jane Witherington, Mary…
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From Hertford. The question in this cabe arose upon the following-clauses of the last will of Hardy Witherington, deceased, to-wit: “ I give and bequeath all my moveable estate, excepting- negroes, of every kind, first to my loving wife, Arcadia Witherington, till such time as my youngest daughter comes to be of the age of twenty-one’ years, and then to be divided equally among my loving wife and daughters, Arcadia Witherington, Anne Witherington, Jane Witherington, Mary Witherington, and Lucy Witherington, to them, their heirs and assigns, forever/5 “ And my will is, that my executors hire…
1Opinion of the Court
Tatlor, Chief-Justice,
delivered the opinion of the Court:
The substance of the bequests contained in this will, is, that all the testator’s personal property should he divided amongst his wife and daughters, when the youngest of the latter attained the age of twenty-one years. But in the mean time, he gives all his moveable property to his wife, except his negroes, which he directs his executors to hire out yearly,"and to pay the money arising from their hire to his wife. To give the hire of the ne-groes to his wife, till that period, is to give her all the beneficial interest in them, and…
2Cited by4 opinions
- Coddington v. . StoneSupreme Court of North Carolina · 1940
- Jackson v. LangleySupreme Court of North Carolina · 1951
- Hooker v. Bryan.Supreme Court of North Carolina · 1906
- Hathaway v. . LearySupreme Court of North Carolina · 1855