Shull v. . Johnson
Supreme Court of North Carolina
Cause removed from the Court of Equity of Lincoln County. This bill was filed by the plaintiffs who are the nephews and nieces ol Anthony Shull of the half blood, being the children of his half brothers and sisters against the administrator with the will annexed, and against the nephews, &c., of the whole blood, to compel the payment of the legacies claimed by them under said will.
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Cause removed from the Court of Equity of Lincoln County. This bill was filed by the plaintiffs who are the nephews and nieces ol Anthony Shull of the half blood, being the children of his half brothers and sisters against the administrator with the will annexed, and against the nephews, &c., of the whole blood, to compel the payment of the legacies claimed by them under said will. The clause of the will under which the several questions involved in the case are raised, is as follows : Item. “ I give and devise’ to my brothers and sisters children or all my nephews and nieces all the balance…
1Opinion of the CourtBattle, J.
There is no serious difficulty in either of the questions arising upon the construction of the will of the testator, which the pleadings present for our decision.
1. By the clause “I give and devise to my brothers’ and sisters’ children, or all my nephews and nieces all my estate,”1 ■&c., the testator manifestly intended to include his nephews and nieces of the half, as well as of the whole blood. They certainly answer the description ; for if they are not nephews and nieces what are they ?
■ 2nd. The clause “ my nephews and nieces that may be living at or after my decease,” not only embraced…
2Cited by9 opinions
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- Burton v. . CahillSupreme Court of North Carolina · 1926
- Cole v. . ColeSupreme Court of North Carolina · 1949
- Wooten v. . OutlandSupreme Court of North Carolina · 1946
- Ex Parte BrogdenSupreme Court of North Carolina · 1920
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