Rees v. . Williams
Supreme Court of North Carolina
Appeal by defendant from Coóke, J., at November Term, 1913, of "Wake. This is a petition to rehear the above entitled ease, which was decided at the last term (164 N. C., 128). The facts are stated in the former report of the case, and need not be fully repeated here.
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Appeal by defendant from Coóke, J., at November Term, 1913, of "Wake. This is a petition to rehear the above entitled ease, which was decided at the last term (164 N. C., 128). The facts are stated in the former report of the case, and need not be fully repeated here. The single question is, whether the plaintiffs, as devisees under the will of Mrs. Jennie Lind Lee, can make a good title to the house and lot at the corner of East and Jones streets in the city of Raleigh, under their contract with the defendant, Mrs. Charlotte Grimes Williams. We held before that they could not do so, and we…
1Opinion of the Court
"Waleier, J.,
after stating the ease: The question is, whether Mrs. Jennie Lee Rees, formerly Jennie Lee, took a fee simple absolute at her mother’s death, under the latter’s will. The contention of the plaintiff is that at the death of the testatrix, Mrs. Rees, as she survived her mother, acquired an absolute estate in fee under the will, as the contingency expressed in the limitation referred to her death, with or without issue, during the testatrix’s lifetime; and this is based upon the ground that the will gives her a fee, but if either of the contingencies, that is, “dying with or dying…
2Cases cited23 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Hilliard v. . KearneySupreme Court of North Carolina · 1853
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
- May v. Lewis.Supreme Court of North Carolina · 1903
18 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Willis v. Mutual Loan & Trust Co.Supreme Court of North Carolina · 1922
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
- Goode v. . HearneSupreme Court of North Carolina · 1920
- House v. HouseSupreme Court of North Carolina · 1949
29 more not listed; retrieve them via the Exa API.