Hampton v. . Wheeler
Supreme Court of North Carolina
Will — Tenants in Common — Statute of Limitations. Civil action, tried at Fall Term, 1887, of Forsyth Superior Court, before Gilmer, J. It appears that Christian Reich died prior to 1864, leaving aflast will and testament, which was duly proven.
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Will — Tenants in Common — Statute of Limitations. Civil action, tried at Fall Term, 1887, of Forsyth Superior Court, before Gilmer, J. It appears that Christian Reich died prior to 1864, leaving aflast will and testament, which was duly proven. The following is a copy of so much of this will as it is necessary to set forth here: “1. I give and bequeath to my beloved wife, Isabella Reich, my home plantation, containing fifty acres, together with all improvements thereon during her life-time. 2. After the death of my beloved wife, I will that one-half of the home plantation and all…
1Opinion of the Court
Merbimon, J.,
(after stating the case). The clauses above recited of the will mentioned, are not affected as to their meaning by any other clause of it, or by anything appearing in it in terms or by implication. They are to be construed as they appear.
The mere fact that the quantity of land devised was small —but fifty acres — that the testator devised to one of his daughters one-half of it, to the other, her husband and their children the other half, subject to the life estate of his widow, cannot reasonably be allowed to so affect and change the plain meaning of the words employed as to make…
2Cases cited5 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Page v. . BranchSupreme Court of North Carolina · 1887
- Hicks v. . BullockSupreme Court of North Carolina · 1887
- Ward v. . Farmer SoutherlandSupreme Court of North Carolina · 1885
- Breeden v. . McLaurinSupreme Court of North Carolina · 1887
3Cited by15 opinions
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- Winstead v. . WoolardSupreme Court of North Carolina · 1944
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