Cilley v. . Geitner
Supreme Court of North Carolina
Appeal by petitioners from Bryson, J., at Spring Term, 1922, of Catawba. A former appeal, beard at the Fall Term of 1921, is reported in 182 N. 0., 114. It is agreed that the record in that appeal shall, so far as applicable, be accepted as the record in this appeal.
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Appeal by petitioners from Bryson, J., at Spring Term, 1922, of Catawba. A former appeal, beard at the Fall Term of 1921, is reported in 182 N. 0., 114. It is agreed that the record in that appeal shall, so far as applicable, be accepted as the record in this appeal. The plaintiffs filed a petition before the clerk of the Superior Court of Catawba, in which they alleged that under the provisions of the last will and testament of A. A. Shuford the surviving executors had allotted to the several heirs the property therein described, including the real and personal property allotted to Alda…
1Opinion of the CourtAdams, J.
His Honor’s exclusion of Gordon H. Cilley as the representative of his wife from participation in the property acquired by Alda and Adelaide Cilley under the will of A. A. Shuford conforms to the opinion of this Court, as expressed in.the former appeal; but we think his Honor erred in holding as a conclusion of law that the court, in the absence of a guardian duly appointed in this State, had no power to remove the personal property of the nonresident devisees to the place of their residence. Alda and Adelaide Cilley reside in Pennsylvania, and there Alfred G. Clay was duly appointed as their…
2Cases cited1 opinion
- Cilley v. . GeitnerSupreme Court of North Carolina · 1921
3Cited by1 opinion
- Fidelity Trust Co. v. WaltonSupreme Court of North Carolina · 1930