Capehart v. . Burrus
Supreme Court of North Carolina
Civil ACTION by the Executor of W. J. Capehart to construe the "will of the testator and to obtain advice and directions as to settlement of the estate, heard before Brown., J., at December, 1897, Special Term of Bertie Superior Court. The facts appear in the opinion. His Honor sustained the contentions of the defendants and plaintiffs appealed.
1Opinion of the Court
FAIRCLOTH, C. J., and CLARK, J., dissent. The principal question presented in this appeal (120) is the meaning to be given to the word "stock" in construing the will of W. J. Capehart. It appears from the will that the testator was a man of considerable estate: that on 5 December, 1894, he made the will under consideration, and died in March following. At the time of making the will he had a wife and several children, all of whom were living at the time of his death.
By the third paragraph of his will he devised to his wife, Eliza Mason Capehart, three several tracts or parcels of land in fee…
2Cases cited3 opinions
- Brawley v. . CollinsSupreme Court of North Carolina · 1883
- Ruffin v. . RuffinSupreme Court of North Carolina · 1893
- Champion Ex ParteSupreme Court of North Carolina · 1853
3Cited by4 opinions
- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
- McCullen v. . DaughtrySupreme Court of North Carolina · 1925
- Capehart v. . BurrusSupreme Court of North Carolina · 1899
- Feeguson v. FeegusonSupreme Court of North Carolina · 1945