Williams v. . Hicks
Supreme Court of North Carolina
Civil ACTION, beard on demurrer and by consent before Allen, resident judge, at chambers in Kinston, N. 0., on 20 August, 1921. Plaintiff appealed.
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Civil ACTION, beard on demurrer and by consent before Allen, resident judge, at chambers in Kinston, N. 0., on 20 August, 1921. Plaintiff appealed. Tbe action is to remove a cloud from plaintiff’s title to certain real property beld by plaintiff, Roscoe Williams, under tbe will of bis father, John W. Williams, deceased, and more particularly under tbe third item of tbe will as follows: “In tbe event tbat my said son, Roscoe B. Williams, should die during bis minority, or childless, it is my will and desire tbat tbe remainder of tbe several properties herein named tbat would revert to him…
1Opinion of the CourtHoee, J.
In 40 Cyc., at page 1506, it is laid down as a rule of interpretation wbicb very generally obtains in a devise of tbis character that “where a gift over in case of death without issue is accompanied by a gift over in case of death before arriving at a certain age, the dying without issue will generally be restricted to the period before arrival at the age specified, to aid which the word ‘or’ will be construed ‘and.’ ” This position was held to be controlling in Dickinson et al. v. Jordan and Blount, 5 N. C., 380, a case not dissimilar to the one presented here, and in the opinion, Taylor,…
2Cases cited8 opinions
- Dunn v. . HinesSupreme Court of North Carolina · 1913
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Ham v. . HamSupreme Court of North Carolina · 1915
- Citizens Bank v. MurraySupreme Court of North Carolina · 1917
- Den on Demise of Dickenson v. JordanSupreme Court of North Carolina · 1810
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3Cited by1 opinion
- Jordan v. JordanWest Virginia Supreme Court · 1937