Harvey v. . Harvey .
Supreme Court of North Carolina
Special Prochedikg beard upon appeal from the Probate Court, before Seymour, J., at Chambers, Fall Term 1870, LeNoir Superior Court.
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Special Prochedikg beard upon appeal from the Probate Court, before Seymour, J., at Chambers, Fall Term 1870, LeNoir Superior Court. The following are the facts as found by his Honor : 1. Thomas Harvey the deceased, died on the 16th day of November, A. D. 1867, leaving him surviving, the plaintiffs Matthias Harvey, Elizabeth Aldridge, wife of L. H. Aldridge, Catharine E. Taylor, wife of Creen Taylor, and the defendants Amos Harvey, Franklin Harvey and Thomas Harvey, Jr., his only heirs at law. That the said Thomas Harvey, Sr., was at the time of his death seised and possessed of two tracts of…
1Opinion of the CourtSettle, J.
We have had some difficulty in overcoming the objection, that the devises of land to Thomas and Franklin Harvey are so vague and uncertain as to be incapable of location. No metes and bounds, or other description of the land is given, save only that Thomas’ tract is to include the house where the testator resided, and Franklin’s is to include the house where he (Franklin) resided at the death of the testator.
Upon consideration, however, we have concluded that it was competent for the Court, by the intervention of commissioners, to render that certain which was before uncertain, and thus…
2Cited by10 opinions
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- Wright v. . HarrisSupreme Court of North Carolina · 1895
- Stephenson v. RoweSupreme Court of North Carolina · 1986
- Jones v. . RobinsonSupreme Court of North Carolina · 1878
- Caudle v. . CaudleSupreme Court of North Carolina · 1912
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