Humphrey v. . Lang
Supreme Court of North Carolina
Appeal by plaintiffs from Connor, J., at the May Term, 1915, of Pitt. * Civil action to determine the rights of Annie R. Lang, the widow, and the other devisees of W. M. Lang, under item three of his will, which reads as follows: “Third.
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Appeal by plaintiffs from Connor, J., at the May Term, 1915, of Pitt. * Civil action to determine the rights of Annie R. Lang, the widow, and the other devisees of W. M. Lang, under item three of his will, which reads as follows: “Third. I give and devise to my wife, Annie Lang, the horse, buggy, trap, and harness I may have on hand at my death; one milk cow, one house and lot, and furniture, situated on Main and Church streets in the town of Farmville; all revenue from the Bank of Farmville, the Bank of Greenville, and the Farmville Oil and Fertilizer Company; tbe'Freeman Ellis lot on tbe…
1Opinion of the CourtBeowN, J.
Tbe ruling of tbe Superior Court must be sustained. Tbe interpretation placed upon tbe will is manifestly correct, and tbe only assignment'of error we need discuss relates to the $2,100 dividend of tbe Bank of Farmville.
This question has been much discussed by text-writers and courts, and tbe weight of authority seems to be in favor of tbe proposition, as stated by tbe Supreme Court of tbe United States in Gibbons v. Mahon, 137 U. S., 559: “Ordinarily, a dividend declared in stock is to be deemed capital, and a dividend in money is to be deemed income of each share.”
A stock dividend differs…
2Cases cited8 opinions
- Minot v. PaineMassachusetts Supreme Judicial Court · 1868
- DeKoven v. DeKovenIllinois Supreme Court · 1903
- Rand v. HubbellMassachusetts Supreme Judicial Court · 1874
- Davis v. JacksonMassachusetts Supreme Judicial Court · 1890
- Green v. BissellSupreme Court of Connecticut · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Norvell EstateSupreme Court of Pennsylvania · 1964
- King v. RichardsonCourt of Appeals for the Fourth Circuit · 1943
- Lamb v. LehmannOhio Supreme Court · 1924
- Schmitt v. Eagle Roller Mill Co.Supreme Court of Minnesota · 1937
- Rhode Island Hospital Trust Co. v. TuckerSupreme Court of Rhode Island · 1931
4 more not listed; retrieve them via the Exa API.