{
  "id": 8682208,
  "name": "SARAH PLOTT vs. WILLIAM L. MOODY, Executor of AMOS PLOTT",
  "name_abbreviation": "Plott v. Moody",
  "decision_date": "1864-12",
  "docket_number": "",
  "first_page": "91",
  "last_page": "93",
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      "type": "nominative",
      "cite": "1 Win. 91"
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    {
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      "cite": "60 N.C. 91"
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  "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": "4 Jones' Eq., 433",
      "category": "reporters:state",
      "reporter": "Jones Eq.",
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        2083007
      ],
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    {
      "cite": "4 Jones' Eq., 433",
      "category": "reporters:state",
      "reporter": "Jones Eq.",
      "case_ids": [
        2083007
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        "/nc/57/0433-01"
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  "last_updated": "2023-07-14T15:24:57.689025+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "SARAH PLOTT vs. WILLIAM L. MOODY, Executor of AMOS PLOTT."
    ],
    "opinions": [
      {
        "text": "HaNLY, J.\nThe bill is filed by the widow of Amos Plott, demanding settlement of her husband\u2019s estate_. \u00abThe executor seems to be desirous of making a settlement but they entertain conflicting views of tbe disposition which has been made of certain property ; and the case is brought to this Court to obtain a construction of the will.\n. In the fifth clause of his will, th\u00e9 testator gives .to his wife \u201c all my farming utensils of every description, to-, gether with my steel traps and guns, that are not otherwise disposed of.\u201d And the question is, whether a wagon used On the farm, and blacksmith\u2019s tools used in. the same .way generally, and occasionally in working for neighbors, are embraced in the act ? In looking into-the will, we find these articles are not \u201cotherwise disposed of \u201d either specifically, or by such general terms as could possibly pass them. There is no' residuary clause; so that if the-articles in question, are not embraced in tha clause under-consideration, there must be an intestacy as 'to them.\nA person who undertakes to dispose of his property by \u2022will, is presumed to intend a complete disposition, unless the contrary be manifest. Without, therefore, deciding the force and effect \u201c ex vi termini,\u201d of the words \u201cfarm\u201d ing utensils,\u201d or. the extent of their application in other connections\u2019or cases, we think in this they embrace the wagon and smith\u2019s tools. The words are, at any rate, not of such import as to overrule a manifest intent. And the intent must therefore determine the application. This point seems to have been under consideration in the construction of the will of James P. Doggett, Elliot vs. Posten, 4 Jones\u2019 Eq., 433, where it was. decided that a wagon would pass under the term \u201c farming -utensils,\u201d nothing appearing to show \u00ab.different intent.\n- In the sixth clause he gives to his wife \u201c all my present stock of hogs, or that I may have at the time of my death, together with their increase.\u201d It seems'that amongst-bis lot of-hogs were a number which had belonged to testator\u2019s son, Vernon Plott, then deceased. These he had taken possession of, claiming them\u2019 as his own, as next of kin and distributee of his son ; but no administration had at that tim-e'been taken. Since the death of the father, administration of the son\u2019s effects has been granted to the defendant. The question made is, whether the hogs, belonging to the son\u2019s estate, pass by the bequest in the sixth clause ? We think -this is a plain matter. It was \u2022obviously the intention of the testator to give to his wife all the hogs of which he was in possession, and to which he set up-a claim, at the time of his death ; and all, we think, will pass bj the terms\u2019 of the will. Of course testator could only transfer such rights as he had ; and, as his right toa portion of\u201dthe hogs was subject to'such powers as an administrator might previously exercise ia relation thereto, the wife took, under the bequest, no more than a right to call on the administrator for the hogs or their value-. _ It can make no difference, it seem* to us, whether the right of the testator to the hogs was \u25a0legal or equitable; that right, whatever it was, would ,-pass. .'\nHaving thus decided the rights of the respective par tie* in the matters- of controversy, we suppose they can have no difficulty in settling the estate. -\nThere.m\u00e1y be a decree declaring their rights, and, if either party desires it, a decree for an account; costs t# be paid out of the estate.",
        "type": "majority",
        "author": "HaNLY, J."
      }
    ],
    "attorneys": [
      "Merrimon for the plaintiff.",
      "W. JET. Bailey for the defendant.,"
    ],
    "corrections": "",
    "head_matter": "SARAH PLOTT vs. WILLIAM L. MOODY, Executor of AMOS PLOTT.\nA bequest of \u201c all my farming utensils of every description, that are not otherwise disposed of,\u201d is a gift to the legatee of a wagon used on th\u00bb farm, and of blacksmith\u2019s tools used in doing the work necessary for i&e farm, and occasionally in doing work for the neighbors ; there being in the will no other gift of them specifically, and the will containing no residuary clause, nor any other clause which could pass them, ..\nA bequest'of \u201c all my present stock of hogs, or that I may have at the. time of my death, together with their increase,\u201d passes the testator's interest in hogs in his possession at the time of his death, which belonged 'to the estate of his son, dead intestate and without issue, there being no . administration on the son\u2019s estate.\nThe case of Elliot vs. Poston, 4 Jones\u2019 Eq., 433, cited and approved.\nThis was a suit in Equity in the Court of Equity for Maywood county, removed to this Court, after being set for hearing on bill and answer.\nThe purpose of the suit was to have a settlement of the estate of Amos Mott.\nThe only controversy was on the construction of two clauses in the will of Plott.\nThe opinion of the' Court contains a statement of everything relating to the questions decided.- \u00ab\nMerrimon for the plaintiff.\nW. JET. Bailey for the defendant.,"
  },
  "file_name": "0091-01",
  "first_page_order": 93,
  "last_page_order": 95
}