Hart v. . Williams

77 N.C. 426

• Court: Supreme Court of North Carolina
• Decided: June 5, 1877
• Status: Published

Opinion

ByNüm J.

1. By reading the second clause of the will as the first, the meaning of the testator more plainly appears, though it is apparent as it now stands. Taking the second clause first, the substance and effect of the will is; “I will that my executor pay to Alfred Williams, freedman, two hundred and fifty dollars. I will the rest of my estate both real and personal to Henry Plart, &c.”

Taking the will as it 'is 'written, the sum of two hundred and fifty dollars directed to be paid to Alfred Williams, is expressly excepted from the operation of the devise and bequest to Henry Hart in trust for the widow for life and remainder over. After the payment of the debts of the testator, this legacy to Alfred is to be first paid, and is the first charge upon the estate, real and personal, devised and bequeathed to Hart in trust.

2. The rule is that pecuniary legacies bear interest from one year after the' death of the testator. Where they appear to be given for the support and maintenance of the legatee, they bear interest from the death of the testator. Swann v. Swann, 5 Jones Eq. 297; McWilliams v. Faulcon, 6 Jones Eq. 235.

No error.

Per Curiam. Judgment affirmed.