Legal Opinion

Hinson Ex Rel. Hinson v. Hinson

Supreme Court of North Carolina

Decided December 4, 1918PublishedCited by 5 opinions

Appeal by defendant from Harding, J., at the May Term, 1918, of UNION. This is an action to recover $200, commenced before a justice of the peace and tried in the Superior Court on appeal on an agreed statement of facts.

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Appeal by defendant from Harding, J., at the May Term, 1918, of UNION. This is an action to recover $200, commenced before a justice of the peace and tried in the Superior Court on appeal on an agreed statement of facts. The claim of the plaintiff is based on paragraph 5 of the will of Moses Hinson, which is as follows: “My will and desire is that whichever one of my sons that will stay with and take care of my wife during her life shall receive the sum of one hundred dollars a year, to be paid out of my estate.” The plaintiff, Fred E. Hinson, is one of the sons of said Moses Hin-son, and…

1Opinion of the Court

BROWN, J., concurring; WALKER, J., concurring in opinion of BROWN, J. This is an action to recover $200, commenced before a justice of the peace and tried in the Superior Court on appeal on an agreed statement of facts.

The claim of the plaintiff is based on paragraph 5 of the will of Moses Hinson, which is as follows: "My will and desire is that whichever one of my sons that will stay with and take care of my wife during her life shall receive the sum of one hundred dollars a year, to be paid out of my estate."

The plaintiff, Fred E. Hinson, is one of the sons of said Moses Hinson, and…

2Cases cited4 opinions

  1. Edwards v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1897
  2. Satterwaite v. . WilkinsonSupreme Court of North Carolina · 1917
  3. Nunnery v. . CarterSupreme Court of North Carolina · 1860
  4. Bray v. . LambSupreme Court of North Carolina · 1833

3Cited by5 opinions

  1. Williams v. . RandSupreme Court of North Carolina · 1943
  2. Morris v. MorrisSupreme Court of North Carolina · 1957
  3. Snow v. BoylstonSupreme Court of North Carolina · 1923
  4. Voncannon v. Hudson Belk Co. of Asheboro, N. C., Inc.Supreme Court of North Carolina · 1953
  5. Snow v. . BoylstonSupreme Court of North Carolina · 1923

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