Bridges v. Wilkins

• Decision Date: 31 December 1857
• Citation: Bridges v. Wilkins, 3 Jones 342, 56 N.C. 342 (N.C. 1857)
• Court: North Carolina Supreme Court
• Parties: ROBERT R. BRIDGES, Ex'r., v. NANCY R. WILKINS and others.

3 Jones Eq. 342

56 N.C. 342

ROBERT R. BRIDGES, Ex'r.,

v.NANCY R. WILKINS and others.

Supreme Court of North Carolina.

December Term, 1857.

A bequest to the testator's six sisters and their issues, in one clause, to their children, in another, and to their progeny, in a third clause, while only one of the sisters was married and had issue at the date of the bequest, was Held to give an estate to each of the sisters for her life, with a remainder to her children, applying as well to such of the sisters as might thereafter marry and have children, as the one already married.

A bequest to six sisters, one of whom was married, “not to go to any but my sisters directly and their progeny, and not to their husbands,” was Held to confer a sole and separate estate for life, as well upon the unmarried sisters, who might thereafter marry and have children, as upon the married one.

(The case distinguished from Apple v. Allen, 56 N.C. 120, and Miller v. Bingham, 1 Ire. Eq. Rep. 423.)

CAUSE removed from the Court of Equity of Edgecombe county.

The bill was filed by the executor of the will of Thomas M. Wilkins, asking the Court for a construction of certain clauses thereof. The material parts of the will are as follows:

“Item 1st. After paying all my just debts out of cash on hand, or debts due me, I give and bequeath the balance of my property to my sisters, that may be living at the time of my death, and their lawful issues, except the slaves.

Item 2nd. The slaves of which I am now seized and possessed, I give to my mother during her natural life, and after her death to go to my sisters and their children as above-mentioned, with the express condition that no property, of which I am now possessed, or may hereafter fall heir to, shall go to any but my sisters directly and their progeny, and not their husbands. * * *

Item 4th. I give and bequeath to my sisters, as before stated, my life-policy of five thousand dollars.”

The testator left six sisters surviving him, of whom William Annie alone was married before the death of the testator. Her husband is the defendant Hardy Norvall. Since the testator's death, another sister, Heron J., has intermarried with the defendant Joseph John Pender. The other four sisters, Mary, Nancy R., Esther Anne, and Cœlia Antoinette, are still unmarried.

Mrs. Norvall had issue of her marriage, during the lifetime of the testator, one child, who is made a party, and one after the testator's death.

The executor prays the opinion of the Court as to the point, whether the estates given to the sisters, are sole and separate estates; and if so, as to the defendant Mrs. Norvall, who was married when the will took effect, whether such is the case in respect to Mrs. Pender, who married subsequently to that event; and especially whether the provision for a sole and separate estate, is to apply to such as may marry hereafter.

He asks instruction also upon the question, whether the issue of the sisters is entitled to any interest in these legacies, or whether the whole does not go to the sisters in absolute right; and if the children shall be considered entitled, whether they take jointly with their mothers, or estates in remainder after the death of their mothers.

The defendants answered, admitting the facts as above stated, and uniting in the executor's request for a construction by this Court.

Cause set down for hearing on the bill and answer, and transmitted by consent.

B. F. Moore, for the plaintiff .

for the defendants.

BATTLE, J.

We are satisfied that it was the intention of the testator to give to his sisters the proceeds of his...