Witty v. Witty
Supreme Court of North Carolina
Appeal by plaintiffs and.defendant, Elizabeth Terry, from Harding, J., at September Term, 1922, of Guileoed. Civil action in ejectment and for a sale for division of certain lands, situate in Guilford County, North Carolina.
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Appeal by plaintiffs and.defendant, Elizabeth Terry, from Harding, J., at September Term, 1922, of Guileoed. Civil action in ejectment and for a sale for division of certain lands, situate in Guilford County, North Carolina. The evidence offered by plaintiffs tended to show the following facts: That Levi R. Witty died in January, 1872, seized and possessed in fee of the lands described in the complaint, and which are in controversy here; that he disposed of said lands by his last will and testament — the effect of the terms of which are in dispute; that his wife, Louisa Witty, who was given a…
1Opinion of the CourtStacy, J.
On the hearing, the title offered was properly made to depend upon the construction of the following clause in the will of Levi E. Witty:
“I give and devise to my beloved wife, Louisa, the plat or parcel of land (description not in dispute), to have and to hold her natural life or widowhood in satisfaction for and in lieu of her dower and thirds in all my real estate; at the death of my wife, or if she marries again, my will is that the aforesaid lands be sold at public sale (after due notice has been given) to the highest bidder, and the amount it brings equally divided among my lawful heirs.…
2Cases cited21 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Cropley v. CooperSupreme Court of the United States · 1874
16 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Coddington v. . StoneSupreme Court of North Carolina · 1940
- Ohio National Bank v. BooneOhio Supreme Court · 1942
- Chas. W. Priddy & Co. v. SanderfordSupreme Court of North Carolina · 1942
35 more not listed; retrieve them via the Exa API.