McCallum v. . McCallum
Supreme Court of North Carolina
Appeal by defendant from Goolce, J., at July Term, 1914, of RobbsoN. Proceedings for partition of 240 acres of land in said county, tbe borne place of John McOallum, deceased, beard on transfer from tbe clerk and on case agreed.
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Appeal by defendant from Goolce, J., at July Term, 1914, of RobbsoN. Proceedings for partition of 240 acres of land in said county, tbe borne place of John McOallum, deceased, beard on transfer from tbe clerk and on case agreed. It appeared tbat John McOallum died in said county in 1863, leaving bim surviving a widow, Lovedy, five unmarried daughters and other sons and daughters, some of whom have since died, leaving children; tbat said John McOallum, in tbe second clause of bis last will and testament, made disposition of this 240 acres, tbe land in question, as follows r “2d. I give and…
1Opinion of the Court
Hoke, J.,
after stating the case: It is urged for defendants that inasmuch as the will of John McCallum, in express terms, confers a life estate in the property on the unmarried daughters, this by correct inference should exclude them from any and all participation in the remainder, and that the second item of the will amounts in effect to devise of this remainder to his other children; but in our opinion such an interpretation is not permissible.
It is true, as shown in the authorities cited by the learned counsel, among others, Austin v. Austin, 160 N. C., 367, that when a man has made a…
2Cases cited8 opinions
- Kearney v. . VannSupreme Court of North Carolina · 1911
- Foil v. Newsome.Supreme Court of North Carolina · 1905
- Wilkins v. NormanSupreme Court of North Carolina · 1905
- Sain v. Baker.Supreme Court of North Carolina · 1901
- Austin v. . AustinSupreme Court of North Carolina · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Cannon v. . CannonSupreme Court of North Carolina · 1945
- McIver v. . McKinneySupreme Court of North Carolina · 1922
- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
22 more not listed; retrieve them via the Exa API.