Misenheimer v. . Bost

Citations

• 11 S.E. 279
• 106 N.C. 10

Syllabus

<p>Will— Construction — Life-estate.</p> <p>Where a testator left an estate, real and personal, to his wife and children during her widowhood, and if she married she was to draw only a child’s part, and have one hundred acres of land;- and in case of her death and the death of her children, one thousand dollars was to go to his sister, and one thousand dollars each to two religious societies: Held, that his widow having married again, and his children being all dead, she was only entitled to a life-estate in the land, and that she was not entitled to the surplus proceeds of his real estate, left after paying his debts, without giving bond for its repayment at her death; and that the testator’s sister and the religious societies were each entitled to one thousand dollars at the death of the widow.</p>