Legal Opinion

Christmas v. . Winston

Supreme Court of North Carolina

Decided March 2, 1910PublishedCited by 21 opinions

Appeal from W. B. Allen, J., January Term, 1910, of Wake. From a judgment for defendant, tbe plaintiffs appeal. Tbe facts are stated in tbe opinion of tbe Court.

1Opinion of the CourtBkowN, J.

J. H. Miller devised tbe land in question to tbe plaintiffs J. H. Christmas, G. 0. Christmas and Roseoe C. Christmas, and “their heirs, equally share and share alike,” and in a subsequent part of his will provided that “the property and estate given, devised and bequeathed by this last will and testament is given, devised and bequeathed upon condition that it shall not be divided or disposed of until said three parties, or all of them who shall, live that long, shall reach the age of twenty-four years.” One of said parties, J. H. Christmas, is dead, without leaving wife or children. Gr. 0.…

2Cases cited8 opinions

  1. Potter v. CouchSupreme Court of the United States · 1891
  2. Mandlebaum v. McDonellMichigan Supreme Court · 1874
  3. De Peyster v. . MichaelNew York Court of Appeals · 1852
  4. Wool v. Fleetwood.Supreme Court of North Carolina · 1904
  5. Hardy Bros. v. GallowaySupreme Court of North Carolina · 1892

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3Cited by21 opinions

  1. Crockett v. First Federal Savings & Loan Ass'n of CharlotteSupreme Court of North Carolina · 1976
  2. Smith v. MitchellSupreme Court of North Carolina · 1980
  3. American Trust Co. v. NicholsonSupreme Court of North Carolina · 1913
  4. Lee v. OatesSupreme Court of North Carolina · 1916
  5. Libby v. WinstonSupreme Court of Alabama · 1922

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