Robinson v. . McDiarmid
Supreme Court of North Carolina
Civil Action for construction of a will tried at Fall Term, 1882, of Cumberland Superior Court, before Qilmer, J. Mary.R. McDiarmid on July 25th, 1876, made her will, disposing of her estate and nominating no executor, which after her decease in April, 1882, was admitted to probate, and letters of administration with the will annexed issued to the plaintiff. The will is as follows: “I, Mary R. McDiarmid, being sound in mind, my last will and testament.
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Civil Action for construction of a will tried at Fall Term, 1882, of Cumberland Superior Court, before Qilmer, J. Mary.R. McDiarmid on July 25th, 1876, made her will, disposing of her estate and nominating no executor, which after her decease in April, 1882, was admitted to probate, and letters of administration with the will annexed issued to the plaintiff. The will is as follows: “I, Mary R. McDiarmid, being sound in mind, my last will and testament. My bank stock, my county bonds I leave to my following heirs: Bank stock $5,000 — $3,000 of it I leave to my mother, Ann Eliza McDiarmid; $800…
1Opinion of the Court
Smith, C. J.,
after stating the above. The question in respect to the devise of the lands in Moore county is not within the jurisdiction of the court in the present proceeding, and cannot be considered. The construction of a devise of lands is the subject matter of a suit at law, and as the estate passes directly to the devisee, the representative of the testator has no duty to be performed in respect to it and consequently cannot seek the advice of a court of equity in a matter in which contesting devisees are alone the claimants.
"A court of eqitily can only take jurisdiction,” in the words…
2Cases cited2 opinions
- Simpson v. . WallaceSupreme Court of North Carolina · 1880
- Robinson, Ex'r. C. v. . McIver and OthersSupreme Court of North Carolina · 1869
3Cited by7 opinions
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
- Cole v. . ColeSupreme Court of North Carolina · 1949
- Martin v. Trustees of Mercer UniversitySupreme Court of Georgia · 1896
- Wachovia Bank & Trust Co. v. StevensonSupreme Court of North Carolina · 1928
- Edwards v. . WarrenSupreme Court of North Carolina · 1884
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