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North Carolina, Supreme Court, Raleigh : Smith v Wiseman et al, June 1850 [printed].

Published
Raleigh, North Carolina : North Carolina Supreme Court, 1850.
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm) and North Carolina. Division of Archives and History
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Summary
This bill was filed to obtain the proper construction of two clauses of the will of James Smith. The testator devised as follows: I leave with my daughter-in-law, Jane Smith, my negro boy Ambrose, to work for her and Ebenezer's four children's support, until the youngest one arrives at the age of 17, then to be sold and the money be equally divided among them all, share and share alike. Jane was the widow of Ebenezer, a son of the testator; Ann, one of the four children, died during the life-time of the testator. It was held that the share of Ann lapsed and became part of the undisposed fund. It was also held that the widow was entitled to a equal share of the proceeds of the sale of Ambrose along with the children. Susan, the youngest of the children, died after the testator, but before she reached the age of 17. It was held that hers was a vested legacy and this went to her administrator. The Court ruled that the sale of Ambrose should take place when the next surviving child reached the age of 17. In another clause, the testator gave to the plaintiff Alexander two tracts of land and enjoined him to pay each of Ebenezer's four children, [dollars] 50 to each child, as they arrive at the age of 16, and then these lands would be his right and property, to him and his heirs, forever. Susan, one of the four children, died before she reached the age of 16. It was held that the [dollars] 50 charged against the land for the benefit of Susan, and that in favour of Ann, who had already died during the life-time of the testator, were sunk and the land was held to be free of these two charges.
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Reproduction Note
Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the North Carolina State Archives.
Location of Originals
North Carolina State Archives
Copyright Note
Material sourced from the North Carolina State Archives
View MARC record | catkey: 41989919