Godwin v. . Watford
Supreme Court of North Carolina
This was a civil action, tried at the Spring Term, 1890, of Bektie Superior Court, before Armfield, J. The complaint alleges, in substance, that Calvin Godwin died in the county of Bertie in the year 1887, leaving his will, which was admitted to probate on the 9th of August of that year; that he left surviving him his wife, Fannie E., who qualified as executrix of his will; that she afterwards intermarried with David A. Watford, who afterwards died; that she afterwards…
Read the full summary
This was a civil action, tried at the Spring Term, 1890, of Bektie Superior Court, before Armfield, J. The complaint alleges, in substance, that Calvin Godwin died in the county of Bertie in the year 1887, leaving his will, which was admitted to probate on the 9th of August of that year; that he left surviving him his wife, Fannie E., who qualified as executrix of his will; that she afterwards intermarried with David A. Watford, who afterwards died; that she afterwards intermarried with John Barnes, who afterwards died, and she is now a widow; that the testator provided for his said wife as…
1Opinion of the Court
Merrimon, C.
— after stating the, facts: This case was not argued in this Court for the appellant, and we find it difficult to determine what the precise purpose of the appeal is. We learn, from the brief of the appellee, that “the only question presented for solution by the Court is, whether there is a proper case for the intervention of a Court of Equity to protect a fund now in the hands of” the appellant executrix. Or,'stating the question with more directness: Does the complaint state facts sufficient to constitute a cause of action?
The precise purpose of the action does not appear very…
2Cases cited3 opinions
- Clements v. . RogersSupreme Court of North Carolina · 1884
- Pegram v. . ArmstrongSupreme Court of North Carolina · 1880
- State Ex Rel. Bratton v. DavidsonSupreme Court of North Carolina · 1878
3Cited by4 opinions
- Edwards v. Lemmond.Supreme Court of North Carolina · 1904
- Snow v. . BoylstonSupreme Court of North Carolina · 1923
- Casualty Co. v. . LawingSupreme Court of North Carolina · 1943
- Maryland Casualty Co. v. LawingSupreme Court of North Carolina · 1943