Smith v. Gilmer

Decided June 15, 1870

Supreme Court of North Carolina · decided 1870-06-15

<p>Land having been devised charged with°the payment of a sum of money to a minor, the devisee also being appointed guardian of the minor Held, that the fact that the guardian charged himself with such money in his returns to Court, was no discharge of the lands.</p> <p>In such case the widow of the devisee, before she can be called on to contribute, is entitled (in aid of dower) to have the whole of the personal estate of the deceased, and, after that, all of his real estate not included in her dower interest, applied to the discharge of the debt.</p>

Cited by 1 later decisions — most recently May 1924

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1870-06-15

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Settle, J.

¶1We are of opinion that none of the legacies in the will of Eli Smith are a charge upon the land devised to William E. Smith, except the legacy of $1,500 to William M. Gilmer, contained in the 6th item of the will. This is clearly a charge upon the land, and the devisee took the -same cum onere, immediately upon the death of the testator: Doe v. Woods, Bus. 290.

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