Keith v. . Scales
Supreme Court of North Carolina
This was a civil actioN brought by tbe plaintiff as administrator with the will annexed of E. T. Clemmons, for construction of said will and advice of the Oourt thereupon instituted in BuNCOMbe Superior Court and removed by order of the Court, all parties consenting, to Eoksyth Superior Court,, and heard at February Term, 1899, before Allen, J., upon the will and facts agreed as set out in the record.
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This was a civil actioN brought by tbe plaintiff as administrator with the will annexed of E. T. Clemmons, for construction of said will and advice of the Oourt thereupon instituted in BuNCOMbe Superior Court and removed by order of the Court, all parties consenting, to Eoksyth Superior Court,, and heard at February Term, 1899, before Allen, J., upon the will and facts agreed as set out in the record. The question being whether the will of E. T. Clemmons is valid, what property, if any, passed by said will, and what, person or persons or corporations as trustees take, if any, or what persons…
1Opinion of the CourtClabK, J.
This proceeding is brought by the administrator with the will annexed of E. T. Clemmons against his heirs at law, next of kin, and devisees to have the will proved in solemn form, and for a construction of the same. He died childless. After a devise to his widow, which is eliminated from our consideration by reason of her having dissented, and three small bequests to relatives, which are not contested, the testator devised and bequeathed his estate, estimated at $100,000, as follows:
“After tbe above then I will and bequeath all the rest of my estate, including my wife’s, at her death, for a…
2Cases cited25 opinions
- Jones v. HabershamSupreme Court of the United States · 1883
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- Tilden v. . GreenNew York Court of Appeals · 1891
- Russell v. AllenSupreme Court of the United States · 1883
- Bryan v. . BaldwinNew York Court of Appeals · 1873
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3Cited by33 opinions
- Elmore v. AustinSupreme Court of North Carolina · 1950
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- Troy & North Carolina Gold Mining Co. v. Snow Lumber Co.Supreme Court of North Carolina · 1915
- Ladies Benevolent Society v. OrrellSupreme Court of North Carolina · 1928
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