Mabry v. . Brown
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J-, 12 February, 1913; from CabaReus. This is a controversy without action, submitted by the parties upon an agreed state of facts, as follows: R. A. Brown died in the year 1901, leaving a will, with these provisions: “1. My executors, hereinafter named, shall give any body a decent burial, suitable to the Wishes of my friends and relatives, and pay all funeral expenses, together with all my just debts, out of the first moneys which may come…
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Appeal by plaintiff from Webb, J-, 12 February, 1913; from CabaReus. This is a controversy without action, submitted by the parties upon an agreed state of facts, as follows: R. A. Brown died in the year 1901, leaving a will, with these provisions: “1. My executors, hereinafter named, shall give any body a decent burial, suitable to the Wishes of my friends and relatives, and pay all funeral expenses, together with all my just debts, out of the first moneys which may come into their hands belonging to my estate. “2. I give, devise, and bequeath to my beloved wife, Missouri, all of any…
1Opinion of the Court
Walker, J.,
after stating the case: It is provided by statute • that when there is a devise of real estate to any person, the same shall be construed to be in fee simple, unless the devise shall in plain and express words show, or it 'shall plainly appear by the will or some part thereof, that t'he testator intended to pass an estate of less dignity. Revisal, sec. 3138; Whitfield v. Garris, 134 N. C., 27. It was argued by her counsel, from this provision, that defendant acquired a fee simple absolute by the terms of the will, and that the limitation over to the testator’s children, being…
2Cases cited13 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Gifford v. ChoateMassachusetts Supreme Judicial Court · 1868
- Roberts v. LewisSupreme Court of the United States · 1894
- Little v. GilesNebraska Supreme Court · 1889
- Chewning v. . MasonSupreme Court of North Carolina · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rudisill v. HoyleSupreme Court of North Carolina · 1961
- Troy v. . TroySupreme Court of North Carolina · 1864
- Satterwaite v. . WilkinsonSupreme Court of North Carolina · 1917
- Tillett v. . NixonSupreme Court of North Carolina · 1920
- Mangum v. WilsonSupreme Court of North Carolina · 1952
4 more not listed; retrieve them via the Exa API.