{
  "id": 8684384,
  "name": "LEVI FAGAN et al. v. CALVIN JONES et al.",
  "name_abbreviation": "Fagan v. Jones",
  "decision_date": "1838-06",
  "docket_number": "",
  "first_page": "69",
  "last_page": "71",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Dev. & Bat. Eq. 69"
    },
    {
      "type": "official",
      "cite": "22 N.C. 69"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T18:46:38.912992+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "LEVI FAGAN et al. v. CALVIN JONES et al."
    ],
    "opinions": [
      {
        "text": "Daniel, Judge,\nafter stating the facts as above set forth, proceeded as follows: \u2014 It is submitted to us to say in the first place, whether the legacies\" given in the abqve recited clause of Joseph Webb\u2019s will, are -general legacies. We answer that they undoubtedly are general legacies. The words \u201c or the value thereof in property,\u201d are to be considered only as a charge on the real and personal estate of the testator to satisfy those general legacies. There is no particular part of the real or personal estate specifically devised or bequeathed. The testator has given in the same words legacies of different amounts to all the. other legatees named in the will. ' '\nThe second question is, whether that portion of the legacy of Joseph Bozman raised out of the sale of Webb\u2019s land, or any portion of the said legacy of $2000 to Joseph, pass under his will to his brother William. We have before stated, that the whole legacy of $2000, was a general legacy, and constituted a part of Joseph Bozman\u2019s personal estate. But as Webb, who gave the legacy, died a year before the death of Levin Bozman, (the father of Joseph,) it is urged that Joseph Bozman died intestate as to that portion of his personal estate acquired before his death. We think Joseph Bozman did not mean to die intestate as to any of his personal estate. Excepting the bed to his sister, he .gave to his brother William all his \u201c\u2019personal estate of what nature soever.\u201d These are terms of the most comprehend sive character and are not to be restrained but by expressions manifesting a plain intent to narrow them down. The words superadded do not shew this intent. They are not a specification of the things whereof the personal estate given does consist, thus explaining and qualifying the general bequest, but a recognition of things constituting a part of that general bequest which the testator was apprehensive might be thought not to fall within it. The whole personal estate is bequeathed whether it consist of the enumerated subjects or not.\n\u25a0 It follows that according to the agreement of the parties the money which is the subject of controversey in this case, is to be paid to Levi Fagan.\nPer Curiam. Decree accordingly.",
        "type": "majority",
        "author": "Daniel, Judge,"
      }
    ],
    "attorneys": [
      "A. Moore, for the plaintiff Fagan.",
      "Heath, contra."
    ],
    "corrections": "",
    "head_matter": "LEVI FAGAN et al. v. CALVIN JONES et al.\nA legacy to A of $2000, \u201cor the value thereof in property,\u201d is a general legacy, and passes under the residuary clause of the legatee\u2019s will, in which he disposes of \u201c all his personal estate of what nature soever, consisting of my undivided share in the negroes &e. coming to me from my father\u2019s estate, as well as all personal property I may have-acquired since my father\u2019s death,\u201d although the legacy vested before that event.\nJoseph Webb, in the year 1819, made his will, by which he bequeathed as follows: \u2014 \u201c I give and bequeath unto my favorite friends, William A. Bozman, Harriet Bozman and Joseph Bozman, children of Levin Bozman, two thousand dollars each, or the value thereof in property to them and their heirs for ever.\u201d In the same terms he gave other Ie-gacies> an^ died in the year 1823, when his will was duly proved. Levin Bozman the father of the legatees above. mentioned, died in the year 1824, and in the year 1826, Joseph Bozman, one of the said legatees, made his will and bequeathed as follows: \u2014 \u201c In the first place, I give unto my sister Harriet my bed and bedstead, together with the furniture belonging to it. In the second place I give unto my brother William A. Bozman, all my personal estate of what nature soever, (except the donation above mentioned to my sister Harriet,) whether consisting of my undivided share of negroes and money coming to me from my father\u2019s estate; or whatever else of personal property of my undivided share, as well as all personal property I may have acquired since my father\u2019s death, to him, his heirs and assigns for ever.\u201d He died in 'the year 1826, and his will was duly proved.\nThe personal estate of Webb was insufficient for the payment of his debts and legacies; and' his land was sold under an order of the Court of Equity for the county of Washington. The money raised by the sale of it being-paid into the Clerk and Master\u2019s office, it was agreed that it should be paid to the plaintiff Fagan, if the Court should be of opinion, first that the legacy of Webb to Joseph Bozman, was a general legacy-, and secondly if it. passed under his will to William A. Bozman.\nA. Moore, for the plaintiff Fagan.\nHeath, contra."
  },
  "file_name": "0069-01",
  "first_page_order": 69,
  "last_page_order": 71
}