{
  "id": 8681261,
  "name": "JOHN W. ROBERTSON & WIFE v. JOHN ROBERTS, EXECUTOR",
  "name_abbreviation": "Robertson v. Roberts",
  "decision_date": "1853-12",
  "docket_number": "",
  "first_page": "74",
  "last_page": "78",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Jones 74"
    },
    {
      "type": "official",
      "cite": "46 N.C. 74"
    }
  ],
  "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": [
    {
      "cite": "1 Ired. Eq. 45",
      "category": "reporters:state",
      "reporter": "Ired. Eq.",
      "case_ids": [
        2096977
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/36/0045-01"
      ]
    },
    {
      "cite": "12 Ired. 92",
      "category": "reporters:state",
      "reporter": "Ired.",
      "case_ids": [
        8685319
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/34/0092-01"
      ]
    },
    {
      "cite": "7 Ired. 161",
      "category": "reporters:state",
      "reporter": "Ired.",
      "case_ids": [
        8687817
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/29/0161-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 443,
    "char_count": 7937,
    "ocr_confidence": 0.384,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.20789397374132623
    },
    "sha256": "2a246be2630945fb06756e6f00af002c5750d5b4e42bc573207fcdb983dc2fb4",
    "simhash": "1:2100e87324c03ee6",
    "word_count": 1429
  },
  "last_updated": "2023-07-14T17:47:17.533540+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JOHN W. ROBERTSON & WIFE v. JOHN ROBERTS, EXECUTOR"
    ],
    "opinions": [
      {
        "text": "Battle, J.\nThe only question presented on this appeal, is, whether the bequest to the feme plaintiff, of \u201cthree hundred dollars, or,,a negro girl worth that money,\u201d contained in the will of the defendant\u2019s testator, is to be paid immedi-sately, or to be postponed, as to the time of payment, until 'the death of the widow.\n, In the Court below, the decree was against the plaintiffs, \u25a0upon what we conceive to have boon an erroneous construction of the will under which they claimed. The terms of the bequest import an immediate gift, and they are to be so-\u25a0construed, unless a contrary intent is apparent from other \u00a1parts of the will.\nThe defendant contends, that such contrary intent docs \u00abappear, from the clauses which immediately precede the one \u00a1under consideration, for the reason, that the first of those \u00abclauses expressly postpones the bequest of the bed, furniture and chest, to the death of the widow; and the second, by a necessary implication, postpones the devise of the seventy acres of land to the same t\u00edme, the land having, in a previous part of the will, been given to the widow for life, and that the clause in question, commencing with \u201cI also .give and bequeath to the said Sarah Cobblar,\u201d &c., must, by force of the word also, have the same construction. It is true, that, in the cases of Sherrill v. Echard, 7 Ired. 161, and Hyman v. Williams, 12 Ired. 92, the construction turned partly upon that word which was explained to mean \u201cin like manner,\u201d or \u201c in the same manner.\u201d Sherrill r. Eciiard was shortly this. A testator devised to his wife, during her life or widowhood, all his estate, except what he should by his will otherwise dispose of. He then gave certain property to his children, to be theirVat his decease. Then comes this clause \u201c Also, at the decease of my wife, I give to my son GL, my man Stephen, and to my sonL., my man Charles. Also, I give and bequeath to my son L. W. all my lands, &c., (on which he had previously given his wife a life estate.) Also, unto my son L. W. I give my two boys Dick and David, with their motherHeld, that these negroes, last mentioned, did not pass immediately to L. W., but only in remainder, after the death or marriage of the widow- In Hyman v. Williams, the bequest was substantially as follows: \u201c I leave to my wife Charity, one negro man Primus,\u201d (and other negroes;) \u201calso, she may take choice of any one of the negro girls belonging to my estate, which I may not give away,\u201d &c., \u201cand, at the death \u00a9f my wife, the -negroes which I have loaned to my wife, and1 their increase, I want to be equally divided between my four ,grand-children,\u201d A, B, C, and D. Held, that the wife took a life estate only in the negro girl selected by her, from those not given away- In the opinion delivered in each of 'these cases, the Court, while laying some stress -on the word \u201c also,\u201d sought the aid of other dispositions in the will, to fix the construction, and thus, with the definitions \u201c in like manner,\u2019\u2019.and \u201cin the same manner,\u201d given to that word, they were enabled to reconcile one part of the will with another,.and give a consistent-exposition of the whole. But, if the same meaning be attadhed to the word \u201calso,\u201din the will now before us, a directly contrary effect will be produced. Instead of enabling the expounder to give operation and effect to each and every clause of the will, it will compel a declaration of intestacy as rto a life estate in the bequest, which the plaintiffs are now claiming. In no part of the will is any \u00a1money given to the widow,,-either expressly by that designation, or by general terms. She cannot take a \u2022life estate by implication,, in \u00a1the three hundred dollars, or in the negro girl, which that sum may punchase, because it appears from the case of White v. Green, 1 Ired. Eq. 45, and the authorities there cited, that the doctrine, that a gift by will to- A, after the death of B, is a gift for life to B, by implication, does not, under any circumstances, apply ,to personal chattels. If, then, the widow cannot take this be-quest for her life, ft is certain that n\u00a9 one else can ; for, it is manifest, that it cannot form a part >of the fund given is. \u00a1the residuary clause.\nAny otker construction, then, than to hold it to be an immediate bequest to the feme plaintiff, will leave it as an un-disposed residue during the life of the widow, to be divided \u25a0among the next of kin. .Such could never have been the intention of the testator, and we therefore adopt the only other admissible construction; to wit, that which makes it a present gift to the feme plaintiff.\nThe decree given in the Court below must be reversed, and a decree be entered here for the plaintiff.\nDecree reversed.",
        "type": "majority",
        "author": "Battle, J."
      }
    ],
    "attorneys": [
      "Miller, for the plaintiff.",
      "Morehead, for the defendant."
    ],
    "corrections": "",
    "head_matter": "JOHN W. ROBERTSON & WIFE v. JOHN ROBERTS, EXECUTOR\nA present bequest of a slave or money is not to bo postponed till the expira, tion of a life estate, although connected by the word \u201c also\u201d with a devise of an estate thus postponed, where the effect of such a construction would be an intestacy, as to this property, for the interim.\n(Sherill v. Eciiard, 7 Ird. 161, and I-Iyman v. Williams, 12 Ird. 92. White v. Gr\u00e9en, 1 Ird. Eq. 45, cited.)\nAppeal from the Superior Court of Rockingham, upon the petition of plaintiffs\u2019 for a legacy, heard before his Honor Judge Saunders, at Fall Term, 1853.\nSarah Cobblar, the legatee mentioned in the following will, had intermarried with the other plaintiff, John W. Robertson, at the filing of this petition. The only question in the case arises on the construction of the will of John Parish which is as follows:\u2014\n1st. It is my will and desire, that all my just debts be paid by my executor, hereafter named.\n2nd. I give and bequeath to my beloved wife Ailsy, all my plantation and tools of every description, household and kitchen furniture of every description, all my stock of horses, cattle, hogs and sheep, and two carriages; also, ono negro man named Major, and all my crop of every description, which may be on hand: my will is that Ailsy, my wife, have the above named property, her natural life, which is only lent for that time.\n3rd. My will and desire is, that my negro woman named Riah, together with all the household and kitchen furniture, except one bed and furniture, and one chest, to do as she thinks proper with. \"\n4th. After my wife\u2019s death, my will is, that Sarah Cob-blar, a daughter of Thomas Cobblar, is to have the above named beds, furniture and one chest. I also give and bequeath to the said Sarah Cobblar, seventy-five acres of land, taking in my dwelling house, orchard and spring. I also give and bequeath to the said Sarah Cobblar, three hundred dollars, or a .negro girl rvorth that money. Now* in case the said Sarah Cobblar should decease without haying any children, my will and desire is, that all, except the bed, and furniture, and chest, is to go to Elijah Cobblar\u2019s children, and be equally divided among them.\n5th. My will and desire is, that, after my wife Ailsy\u2019s decease, my wish is, that the balance of my land, together with every thing else, should be sold, and the money arising from the said sale to bo equally divided between Elijah Cobblar\u2019s children.\nI do hereby make and ordain my friend, John Roberts, executor, - &c.\nThe plaintiff prayed that the legacy of $300, or- the negro woman, might be paid to him, immediately, by the executor, who is made defendant.\nThe answer of the executor, after-admitting all the allegations of the petition, submitted to the Court, whether he ought to pay over the legacy before the death of Ailsy, the widow.\nThe cause was set for hearing on the bill, answer and exhibit; and, on the hearing, it was declared as the opinion of his Honor, that the possession of the legacy to the plaintiffs should be postponed until the death of Ailsy Parish, the widow, and a decree was made accordingly, from which the plaintiffs appealed to this Court.\nMiller, for the plaintiff.\nMorehead, for the defendant."
  },
  "file_name": "0074-01",
  "first_page_order": 82,
  "last_page_order": 86
}