Radford v. . Rose
Supreme Court of North Carolina
Appeal by defendants from Kerr, J., at April Term, 1919, of JOHNSTON. This is an action to recover $2,900, tbe balance due on tbe purchase money of a tract of land. Tbe defendant admitted tbe indebtedness but alleged tbat the title to tbe land was defective, and tbe plaintiff agreed in tbe pleading to a cancellation of tbe contract of purchase if tbe title was not good. .The feme plaintiff, Mrs. H. IT.
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Appeal by defendants from Kerr, J., at April Term, 1919, of JOHNSTON. This is an action to recover $2,900, tbe balance due on tbe purchase money of a tract of land. Tbe defendant admitted tbe indebtedness but alleged tbat the title to tbe land was defective, and tbe plaintiff agreed in tbe pleading to a cancellation of tbe contract of purchase if tbe title was not good. .The feme plaintiff, Mrs. H. IT. Eadford, derived her title under tbe will of her father, Henry C. Eose, tbe material parts of which are as follows: “Home tract of land to be equally divided by number of acres between ~W. D.…
1Opinion of the CourtAlleN, J.
It is well at the outset to determine the true meaning and legal effect of the clause in the will “Provided they have any that have attained the age of twenty-one years.”
If this is dealt with literally and without association with the other parts of the will it will operate as a limitation upon the estate devised to the children of the testator, and will deprive them of any interest in the estate of their father under the will, unless children are bom who reach the age of twenty-one years.
That this was not the intent of the testator is shown by the whole scope of the will, from which it…
2Cases cited11 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Puckett v. . MorganSupreme Court of North Carolina · 1912
- Jones v. . WhichardSupreme Court of North Carolina · 1913
- Hilliard v. . KearneySupreme Court of North Carolina · 1853
- Sessoms v. . SessomsSupreme Court of North Carolina · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hampton v. GriggsSupreme Court of North Carolina · 1922
- Hampton v. . GriggsSupreme Court of North Carolina · 1922
- Blackledge v. . SimmonsSupreme Court of North Carolina · 1920
- Ellison v. Smoot's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1941
- Morehead v. . MontagueSupreme Court of North Carolina · 1931
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