Robeson County, NC - Thomas Powell & Others v. The Executors of
                     Sterling Powell, Deceased, 1818

                            From Robeson

1. One by his will, after giving several small legacies, directed his
   executors to sell the remainder of his estate, both real and personal,
   not before disposed of, and, after paying his debts, to dispose of the
   proceeds as they might think proper: Held, that this clause absolved
   the executors from responsibility of any one as to every part of the
   personal estate which had not by operation of the will come into their
   hands subject to a trust.
2. Where a testator gives to his executors (as is this case he does) all
   the rest of his estate not before disposed of, he leaves nothing which
   the next of kin can claim, for their claim is founded on a partial
   intestacy.

This was a bill filed for distribution of the slaves of Sterling Powell,
deceased. He by his will gave several small legacies, and then directed
his executors to sell the remainder of his estate, both real and personal,
not before disposed of, and after paying his debts, to dispose of the
proceeds as they might think proper. The negroes were included in the
residuary clause, and it was submitted to this Court to decide, whether,
as the testator had not given the negroes to his executors directly, but
simply authorized them to sell and dispose of the proceeds, the next of
kin were not entitled.

Seawell, J. The residuary clause of the will, by authorizing the executors
to dispose of the surplus of the estate as they might think proper, absolved
the executors, who are the legal owners of the personal estate, from
accountability to any one; and this want of accountability goes to every
part of the personal estate which had not, by the operation of the will, 
come into the hands of the executors, subject to a trust.

When the legatee dies in the lifetime of the testator, and the legacy becomes 
lapsed, or when the devise is void, and on that account cannot take effect, 
they shall pass into the residuum of the estate; and the testator having given 
to the executors all the rest of his estate not before disposed of, leaves 
nothing which the next of kin can claim; for their claim is founded upon a 
partial intestacy. Let the bill be dismissed.

Cited: Ralston v. Telfair, 17 N.C., 358; Rawles v. Ponton, 36 N.C., 356


Source:
NC Reports
NC Supreme Court
July Term, 1818
Pg 237

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