Opinion
(Spring Riding, 1802.)
1. In a devise of a negro and also of lands for life, the phrase "and also" makes the devise of the negro for life, as well as the lands.
2. Where there is a legacy for life or years and no remainder, the assent of the executor enures only to the benefit of the particular tenant; and the executor is entitled to the possession of the chattel again to perform the other trusts of his office.
TESTATOR had devised a negro to his wife and also lands for life, and the executors of the testator sued for the negro.
The words and also continue the clause, and (162) the words for life refer to all that precedes. She had an interest for life in the negro as in the lands, and there remained a reversion which vested in the executors; and although the next of kin may be entitled to it, yet the executors must distribute it, and must recover in the first instance, in order to that distribution.
Judgment accordingly.
NOTE. — Upon the both points, see Black v. Ray, 18 N.C. 334, and upon the second, see James v. Masters, 7 N.C. 110.
Cited: Black v. Ray, 18 N.C. 334; Williams v. McComb, 38 N.C. 453; McKinley v. Scott, 49 N.C. 198.