Chatham County NcArchives Court.....Lucas & Others, Taylor V. 1825
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 January 21, 2009, 6:23 pm

Source: Nc Reports
Written: 1825

In Equity

Taylor, executor, v. Lucas and others

From Chatham

December Term 1825

As to personal property, a residuary clause not only carries all not disposed 
of, but every thing that in the event turns out not to be disposed of.

But one question was presented in this case, viz., whether a legacy left to a 
legatee, which lapsed by his death in the lifetime of the testator, should be 
divided among his next of kin, or should belong to the widow, who was 
residuary legatee.

Per Curiam, after stating the question. No rule is better established as to 
personal estate, thought it is otherwise as to real, than that a residuary 
clause carries not only every thing not disposed of, but every thing that in 
the event turns out not to be disposed of, as by lapse and the other means 
specified in the cases. The law raises a presumption in favor of the residuary 
legatee against every one except the particular legatee. The testator is 
supposed to deprive the residuary legatee only for the sake of the particular; 
and the bounty to him being prevented by death, the residuary legatee is 
preferred to the next of kin.

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