Jarrell v. . Dyer

86 S.E. 1031, 170 N.C. 177, 1915 N.C. LEXIS 365

• Court: Supreme Court of North Carolina
• Decided: November 24, 1915
• Status: Published

Opinion

BrowN, J.

Emma J. Simmons died in tbe county of Guilford 16 April, 1914, leaving a last will and testament in manner and form as follows :

I, Emma J. Simmons, being of sound mind, do hereby will and bequeath to my mother, Pauline E. Jarrell, all tbe property recently deeded to me by ber, also all my other property, that she may administer it to tbe use of my children.

This 14 April, 1914.

It is unnecessary to consider tbe facts as found by bis Honor as to tbe manner of life of tbe testatrix and ber mother and as to bow they transacted their business. Tbe construction of this will presents no complications. Tbe language is plain and direct. Tbe .testatrix evidently bequeathed to ber mother all of ber property, including that which bad been conveyed to her by ber mother, as well as that which she derived from other sources, in trust that tbe mother may use, control and administer it for tbe benefit of tbe testatrix’s children. This confers upon tbe mother no power of disposition by will or otherwise, except as may be conferred upon ber by legal proceedings instituted for that purpose. Crudup v. Holding, 118 N. C., 230-231; Young v. Young, 68 N. C., 309; Little v. Bennett, 58 N. C., 160.

Affirmed.