Graham v. . Roberts

Decided December 5, 1851

Supreme Court of North Carolina · decided 1851-12-05

Cause removed from the Court of Equity of Craven County, at the Fall Term, 1851. This was a bill, filed by the executors of Mrs. Mary Mc-Kmlay, to obtain directions from the Court as to the proper execution of the will. The only point of law submitted arose upon the following facts. Certain premises in the town of Newbern, were, by the said will, devised to Mrs. Elizabeth Daves for life, and after her death to her children, John, Edward and Graham.

Good law ✅— No negative treatment on recordhow we know

Decided 1851-12-05

How this case has been cited

Cited by 5 later decisions — most recently January 1984

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pearson, J.

¶1 We are of opinion that the money, received upon the policy of insurance, stands in place of the buildings consumed by fire — that Mrs. Daves is entitled to the interest thereon tor life, in lieu of the use and occupation of the buildings, and the said John, Edward and Graham Daves will, at her death, be entitled to the principal money. The executors are not authorised to entrust Mrs. Daves with the money. It is their duty to keep it secure, paying to her the interest annually. The premiums of insurance is a proper charge against her and the remainder-men.

¶2 Per Curiam. Declared accordingly.