Opinion
(July Term, 1817.)
Where a testator bequeathed to his wife "two negroes, during her natural life, and one-half the tract of land which I now live on, during her natural life, and then to return to my son William," it was held that the limitation to the son was confined to the land, and that the negroes were distributable, after the death of the wife, among the next of kin of the testator.
PETITION by certain of the next of kin of James Harris against his executor, to obtain distribution of some slaves and other chattel property bequeathed by the testator to his wife for her life, but of which the petitioners allege no disposition is made by the will, after the death of the wife. On the other hand, the defendant William claims it as bequeathed to him by the will, and the whole controversy arises from the following clause, viz.: "I give and bequeath to my beloved wife, Nancy, two negroes, to wit, Alcy and Suck, during her natural life, also three cows and calves, one sorrel horse, one bed and furniture. And one-half the tract of land that my son James Harris is bound to make me a right to, which I now live on; or if he do not choose to make me a good and lawful title, to have one-half of the land that I have, upon my son James Harris to make me a title, to buy her a place to live on during her natural life, and then to return to my son William."
The case was submitted without argument.
The bequests of the negroes to the wife for life is a clear, definite estate, and the subsequent limitation is engrafted in a separate and distinct sentence, by which the testator devises to (673) his wife an estate in lands. This is the natural and necessary construction, and must prevail, unless controlled by some other part of the will. In looking into the whole will, there is nothing which shows the testator intended a different meaning.
There must be a decree for the petitioners.
NOTE. — See Anonymous, 3 N.C. 161; Black v. Ray, 18 N.C. 334; see, also, Jordan v. Hollowell, ante, 605; and Wiggs v. Sanders, 20 N.C. 480 — cases upon the construction of deeds.