Supreme Court of North Carolina June 5, 1823 (Executors of Holliday v. Holliday)

lead-opinion

When the testator directed the sum of $750 to be laid out in repairs upon the house in question, his professed object in doing so was the accommodation of the widow. If he had any other object in view he has not expressed it. If, then, the purpose for which this expenditure was to be made has failed, no other person (470) not intended to be benefited can call for its execution.