Isler v. . Isler
Supreme Court of North Carolina
Civil, ActioN tried at February Special Term, 1882, of WayNE Superior Court, before Avery, J. The defendant appealed from the judgment below.
1Opinion of the CourtRuffin, J.
The court thinks that the equitable doctrine of election has a direct application to this case and must govern it.
The facts are these: Simmons Isler, Senr., died in 1839, leav ing a last will in which he devised and bequeathed the principal part of his estate to his widow, Barbara M., for life, with remainder to her four sons, the plaintiff and the defendant, and their two brothers, George M. and William R. The two last named died in the life-time of their mother, unmarried and without children, so that the whole estate in the remainder created by the will is vested in the parties to this…
2Cited by12 opinions
- Lovett v. StoneSupreme Court of North Carolina · 1954
- Beetson v. . StoopsNew York Court of Appeals · 1906
- Elmore v. . ByrdSupreme Court of North Carolina · 1920
- Wood v. Conqueror Trust Co.Supreme Court of Missouri · 1915
- Syme v. . BadgerSupreme Court of North Carolina · 1885
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