Joseph Crocker and Others, Ex Parte

63 N.C. 652

• Court: Supreme Court of North Carolina
• Decided: June 5, 1869
• Status: Published

Opinion

Dick, J.

The exception to the report of the Clerk and Master is sustained. The intention of the testator is manifest, Although not expressed in his will with technical accuracy. 'The general rule of law, that where technical words are used they are to be construed in a technical sense, is controlled by the manifest intention of a testator. In this case there can be no doubt as to the wishes and purposes of the testator in ¡the disposition of his estate. The whole estate is given to the widow for life, and at her death it is to be divided among the ■children of the testator. In the division, five of the children, viz: Martha, William, Matthew, Sidney and .Henry, are to •have the legacies mentioned in the will, and then all the children are to have equal shares of the residue. These pecuniary legacies are a charge upon the whole estate, and their payment does not depend upon the sufficiency of the personal estate.

There must be a decree for the payment of said legacies ■out of the proceeds of the land, to the said legatees or their representatives; and for a division of the residue among all the children of the testator or their representatives, according to their legal rights. The costs must be paid out of the common fund.

Pee, Curiam. Decree accordingly.