Jones v. . Robinson
Supreme Court of North Carolina
Civil AotioN for the Construction of a "Will heard at Fall "Term, 1877, of Caldwell Superior Court, before Cloud, J. David Settlemoir died in April, 1840, leaving a last will .and testament, as follows ; * * * “ I will my plantation that I now live on with all the adjoining lands to my son George S. Settlemoir after his mother’s death the plantation that my son George now lives on lying in Burke County three hundred and fifty acres to be sold after he gets possession of the…
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Civil AotioN for the Construction of a "Will heard at Fall "Term, 1877, of Caldwell Superior Court, before Cloud, J. David Settlemoir died in April, 1840, leaving a last will .and testament, as follows ; * * * “ I will my plantation that I now live on with all the adjoining lands to my son George S. Settlemoir after his mother’s death the plantation that my son George now lives on lying in Burke County three hundred and fifty acres to be sold after he gets possession of the plantation I now live on and the money equally divided between my two daughters Sarah Mull and Agnes .Settlemoir and the…
1Opinion of the CourtBynum, J.
A construction is asked of the following clause ■of the will, viz; “ The plantatien that my son George S. Sottlemoir now lives on lying in Burke County three hundred and fifty acres to be sold after he gets possession of the plantation that I now live on &c.” The ambiguity of meaning arises out of the total lack of punctuation in the sentence. A careful consideration of this clause, and of the •whole will, does not fully satisfy us of the intention of the testator. Did he mean that only 350 acres, out of,the plantation, should be sold, or did he mean that the plantation, estimated to contain…
2Cases cited4 opinions
- Blakely v. . PatrickSupreme Court of North Carolina · 1872
- Grier v. RhyneSupreme Court of North Carolina · 1873
- Harvey v. . Harvey .Supreme Court of North Carolina · 1875
- Pemberton v. . McRaeSupreme Court of North Carolina · 1876
3Cited by6 opinions
- McDaniel v. . KingSupreme Court of North Carolina · 1884
- Armstrong Ex Rel. Martin Ex Rel. Martin v. ArmstrongSupreme Court of North Carolina · 1952
- Caudle v. . CaudleSupreme Court of North Carolina · 1912
- Burchett v. MasonSupreme Court of North Carolina · 1951
- Bradshaw v. EllisSupreme Court of North Carolina · 1838
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