Sessoms v. . Sessoms
Supreme Court of North Carolina
Speoial PROCEEDINGS for partition of land, transferred on issues raised, Superior Court in term, and tried before Neal, at December Term, 1906, Superior Court of Bertie County, a jury trial having been waived by the parties. Petitioners and defendant Leigh R. Sessoms are the children and heirs at law of Joseph W. Sessoms, who died in June, 1906, leaving a last will and testament in which disposition is made of the land in controversy.
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Speoial PROCEEDINGS for partition of land, transferred on issues raised, Superior Court in term, and tried before Neal, at December Term, 1906, Superior Court of Bertie County, a jury trial having been waived by the parties. Petitioners and defendant Leigh R. Sessoms are the children and heirs at law of Joseph W. Sessoms, who died in June, 1906, leaving a last will and testament in which disposition is made of the land in controversy. The interest of said Joseph W. Sessoms in the land was. derived under the following clause in the will of his grandfather, William Sessoms: “Item 3. — I lend…
1Opinion of the Court
Hoke, J.,
after stating the case: The clause in question conferred on Joseph W. Sessoms an estate-tail, converted by our statute into a fee-simple, Eevisal, sec. 1578; and the Court below was correct, therefore, in holding that Joseph W. Sessoms acquired an absolute estate under the terms of his grandfather's will.
This construction is not affected by the use of the word “lend.” This word is not infrequently used in wills as synonymous with “give” or “bequeath” or “devise.” There are instances where, from the context or exceptional use of the word, it has been allowed a different significance;…
2Cases cited11 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Smith v. . BrissonSupreme Court of North Carolina · 1884
- Allen v. . AllenSupreme Court of North Carolina · 1897
- Whitfield v. Garris.Supreme Court of North Carolina · 1902
- Jones v. Ragsdale.Supreme Court of North Carolina · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Jones v. . WhichardSupreme Court of North Carolina · 1913
- Hampton v. GriggsSupreme Court of North Carolina · 1922
- Smith v. Ellington-Guy Lumber Co.Supreme Court of North Carolina · 1911
- Harrell v. . HaganSupreme Court of North Carolina · 1908
- Whitley v. ArensonSupreme Court of North Carolina · 1941
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