Perry v. . Perry
Supreme Court of North Carolina
Appeal by plaintiff from Whedbee, J., 18 December, 1917, tbe judgment having been rendered out of term by consent, as of Fall Term, 1917, of WarreN. This action is to obtain a construction of tbe will of M. Y. Perry and to obtain directions from tbe Court in wbat manner said executor shall pay up and settle tb’e proceeds of tbe bonds which were obtained by said testator after tbe date of tbe will by tbe sale of real estate which had been specifically devised.
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Appeal by plaintiff from Whedbee, J., 18 December, 1917, tbe judgment having been rendered out of term by consent, as of Fall Term, 1917, of WarreN. This action is to obtain a construction of tbe will of M. Y. Perry and to obtain directions from tbe Court in wbat manner said executor shall pay up and settle tb’e proceeds of tbe bonds which were obtained by said testator after tbe date of tbe will by tbe sale of real estate which had been specifically devised. In his complaint the executor, Lewis T. Perry, demanded payment for the services rendered by him to the testator under his promise to…
1Opinion of the Court
Clare, 0. J.
Tbis case was here, Perry v. Perry, 172 N. C., 62, where the facts stated can be -taken as supplementary to the facts above set out. Practically, there is but one question presented for our consideration. Item 25 of the will provides: “I further direct that all my estate, both real and personal, not herein disposed of, be sold at such time and places and upon such terms and conditions as my executor may deem best. And the proceeds, together with all money he may have in hand belonging to my estate to distribute the same equally between the living children of Stark Perry, Bettie…
2Cases cited3 opinions
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
- Balsley v. . BalsleySupreme Court of North Carolina · 1895
- Perry v. . PerrySupreme Court of North Carolina · 1916
3Cited by4 opinions
- Tart v. RegisterSupreme Court of North Carolina · 1962
- King v. . SellersSupreme Court of North Carolina · 1927
- Green v. GreenSupreme Court of North Carolina · 1950
- Southern Bell Telephone & Telegraph Co. v. Housing Authority of RaleighCourt of Appeals of North Carolina · 1978