Grubb v. . Foust
Supreme Court of North Carolina
Devise— Will — Description—Evidence. Civil ACTION for the recovery of land, tried before Clark, ./., at December Term, 1887, of DavidsoN Superior Court. The plaintiffs claim title to the land, 1,029 acres, described in the complaint “as heirs at law and devisees of Joseph 'Gordon, Sr.” The defendants also claim title to the land in their possession, respectively derived from Joseph Gordon, Sr., or by long possession under color of title. The separate answers of Robt.
Read the full summary
Devise— Will — Description—Evidence. Civil ACTION for the recovery of land, tried before Clark, ./., at December Term, 1887, of DavidsoN Superior Court. The plaintiffs claim title to the land, 1,029 acres, described in the complaint “as heirs at law and devisees of Joseph 'Gordon, Sr.” The defendants also claim title to the land in their possession, respectively derived from Joseph Gordon, Sr., or by long possession under color of title. The separate answers of Robt. Williams, Mary P. Moore .and E. A. Clodfelter are sent up with the record. The answer of Robert Williams denies the title of…
1Opinion of the Court
Davis, J.,
(after stating the case). In the argument of counsel for the appellees it is insisted that parol evidence is admissible to show what lands were meant by the testator, Jos. Gordon, Sr., in the clause of the will recited, and that the several devises mentioned therein are incapable of definite location.
Whatever may be the rights of the devisees of Joseph Gordon, Sr., as between themselves and as affected by the specified number of acres mentioned in the will as given, respectively, to the “heirs of James Gordon” and the others named, it is plain that the purpose of the testator was to…
2Cited by3 opinions
- Armstrong Ex Rel. Martin Ex Rel. Martin v. ArmstrongSupreme Court of North Carolina · 1952
- Wright v. . HarrisSupreme Court of North Carolina · 1895
- Burchett v. MasonSupreme Court of North Carolina · 1951