Ceeditoe’s Bill, heard by 1ns Honor, Judge Tourgee, at a Special (January) Term, 187-1, of the Superior Court of Wake .county. The plaintiff in behalf of himself and all others, the creditors of Leroy Jones, deceased, brings this action to subject certain lands to the payment of their debts. Leroy Jones, the testator of defendant, died in 1864. His will was duly proved and the defendant, his wife, qualified as executrix, and took into her possession all his personal estate.
Decided 1875-01-05
Settle, J.
¶1
Unless we entirely discard the latter portion of Solomon Bledsoe’s will, we are forced to the conclusion that it was his intention to give his estate to his wife for life only, coupled, however, with a power in her to dispose of the same, either during her life or at her death, to his two children, Eliza IT. Jones and William 0. Bledsoe.
¶2
It is clear that his children were the objects of his bounty as well as his wife. This is the result, if we give to every key its proper sound. It follows that Mary Bledsoe had no power to convey the lands of Solomon Bledsoe, by deed or otherwise, to any person except the children of the said Solomon, and that the only legitimate exercise of the power with which she was clothed is to be found in her will, by which she devised the remainder of the estate, limited to her for life, to the two children of the said Solomon.
¶3
The questions here involved have often been before the Courts, and in support of the positions here announced, we
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deem it unnecessary to do more than call attention to the case of
Young v. Young,
68 N. C. Rep., 309, and the authorities there cited.
¶4
The judgment of the Superior Court is affirmed.
