Taylor v. . Lucas
Supreme Court of North Carolina
Taylor v. . Lucas, 11 N.C. 215 (N.C. 1825)
Curiam
Taylor v. . Lucas
Opinion of the Court
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,
Reference
- Full Case Name
- Taylor, Executor, v. Lucas and Others
- Cited By
- 1 case
- Status
- Published