Barbara Alexander v. . Peter A. Summey
Supreme Court of North Carolina
This was a civil action brought to obtain a construction of the will of the the late Peter Summey, of Lincoln county. Proper parties were brought before the Court, and the cause was heard before His Honor, Judge Logan, at the Fall Term 1871 of Lincoln Superior Court.
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This was a civil action brought to obtain a construction of the will of the the late Peter Summey, of Lincoln county. Proper parties were brought before the Court, and the cause was heard before His Honor, Judge Logan, at the Fall Term 1871 of Lincoln Superior Court. It was conceded that the testator had supported the plaintiff, a widow and her children for a number of years, that his other daughter Mrs. Dusenbery was well off, and that Greorge had been well advanced in slaves before the war; that Peter A. was the youngest and had lived with his father without reward, and attended to all of…
1Opinion of the CourtReads, J.
The testator left a widow and four children. 'He gives first, $2,500 to his youngest son, Peter. He then .gives a legacy to his widow, and then divides the residue to his four children, including Peter share and share alike, his oldest son George to account for an advancement to him.
The widow is dead, so that it would simplify the statement to say that he gives his youngest son Peter, $2,500, and then -divides the residue among all the,children including Peter.
It is plain from this statement that the leading idea in the 'testator’s mind was to make all his children equal with an advantage to…
2Cases cited4 opinions
- Lassiter v. . Wood .Supreme Court of North Carolina · 1869
- Robinson, Ex'r. C. v. . McIver and OthersSupreme Court of North Carolina · 1869
- Tayloe, Ex'r v. . JohnsonSupreme Court of North Carolina · 1869
- Johnson v. . FarrellSupreme Court of North Carolina · 1870
3Cited by7 opinions
- Balsley v. . BalsleySupreme Court of North Carolina · 1895
- Hill v. . TomsSupreme Court of North Carolina · 1882
- Finke v. First-Citizens Bank & Trust Co.Supreme Court of North Carolina · 1958
- Clark v. AtkinsSupreme Court of North Carolina · 1884
- Hunt v. . JonesSupreme Court of North Carolina · 1917
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