Hooker v. . Montague
Supreme Court of North Carolina
Civil action involving the construction of Mrs. A. E. Montague’s will, heard before Timberlake, J., at February Term, 1898, of the Superior Court of Wake County. The testatrix died in Wake county March 27, 1893, leaving property, both, real and personal, and constituting her son, B. F. Montague, her executor.
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Civil action involving the construction of Mrs. A. E. Montague’s will, heard before Timberlake, J., at February Term, 1898, of the Superior Court of Wake County. The testatrix died in Wake county March 27, 1893, leaving property, both, real and personal, and constituting her son, B. F. Montague, her executor. One of her daughters, Zollie Montague, has since died, unmarried, leaving a will, the ulterior beneficiary nained therein being the Baptist Orphanage at Thom-asville, N. 0. The clause of Mrs. A. E. Montague’s will, the subject of construction, is: “Item 3rd. That all my property — real,…
1Opinion of the Court
We are of the opinion that the devise in question does not come under the rule in Shelley's case, so as to vest in Zollie Montague the absolute title to her portion of the fund arising from her mother's will. The will of Zollie Montague is not now under consideration, as it is admitted that it legally disposes of all property of which Zollie had a right to dispose. The contest arises solely under the will of the mother, Mrs. A. E. Montague, whom we shall hereafter call the testatrix. The third item of her will is as follows:
"That all my property, real, personal and mixed, be converted into…
2Cases cited9 opinions
- Ward v. . JonesSupreme Court of North Carolina · 1848
- Francks v. . WhitakerSupreme Court of North Carolina · 1895
- Jenkins v. . JenkinsSupreme Court of North Carolina · 1887
- Moore v. . LeachSupreme Court of North Carolina · 1857
- Ham v. . HamSupreme Court of North Carolina · 1837
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3Cited by2 opinions
- Cox v. . JerniganSupreme Court of North Carolina · 1911
- Riegel v. LyerlySupreme Court of North Carolina · 1965