Smith v. Gilmer

64 N.C. 546

Opinion

Settle, J.

We are of opinion that none of the legacies in the will of Eli Smith are a charge upon the land devised to William E. Smith, except the legacy of $1,500 to William M. Gilmer, contained in the 6th item of the will. This is clearly a charge upon the land, and the devisee took the -same cum onere, immediately upon the death of the testator: Doe v. Woods, Bus. 290.

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