Opinion · Nclaw North Carolina

VAUGHAN v. DICKENS, 22 N.C. 52 (1838)

OSBORNE VAUGHAN v. SAMUEL DICKENS, 22 N.C. 52 (N.C. 1838)

Type
Opinion
Court
Nclaw North Carolina
Jurisdiction
Nclaw
Date
1838-01-01
Topic
general

VAUGHAN v. DICKENS, 22 N.C. 52 (1838) OSBORNE VAUGHAN ET AL. v. SAMUEL DICKENS ET AL.Supreme Court of North Carolina (June Term, 1838.) A residuary bequest, "to my six brothers and sisters, and to the respective heirs of their bodies, but no further, and these must be living at the death of my wife," held to mean that the brothers and sisters were to take if they were then living; if not, then that their children were substituted legatees, excluding their grandchildren. And a direction to his executors to exclude from the division such as should not claim within five years after advertising the death of the widow, and to divide it equally between those applying, was held to make a joint tenancy so as to prevent a lapse by the death of any of the residuary legatees. THIS was a bill for an account of the administration by the defendant Dickens of the estate of James Vaughan, his testator.

Citator

UpLaw has not yet analyzed VAUGHAN v. DICKENS, 22 N.C. 52 (1838). The absence of a flag is not a finding that it is good law.