Taylor v. . Lucas
This text of 11 N.C. 215 (Taylor v. . Lucas) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
after stating the question. — No rule is better established as to personal estate, though it is otherwise as to real, than that a residuary clause carries not only every thing Dot disposed of, but eyery thing that in, *216 the event tarns out not to be disposed of, as by lapse and the other means specified in the cases. (1 Ves. Jun. 109, 110. Ambler 138. 8 Ves. Jun. 25. 4 Ibid 732. 15 Ibid 509.) The law raises a presumption in favour of the residuary legatee against every one except the particular legatee. The testator is supposed to deprive the residuary legatee only for the sake of the particular; and the bounty to him being prevented by death, .the residuary legatee is preferred to the next of kin,
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11 N.C. 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-lucas-nc-1825.