Gardiner v. May
Supreme Court of North Carolina
Civil actioN beard by Lyon, J., at August Term, 1916, of Pitt, upon a motion to set aside a judgment, entered in tbe above entitled cause by consent of tbe parties, at May Term, 1916, of tbe same court.
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Civil actioN beard by Lyon, J., at August Term, 1916, of Pitt, upon a motion to set aside a judgment, entered in tbe above entitled cause by consent of tbe parties, at May Term, 1916, of tbe same court. "Walter Gardiner died in 1912, leaving tbe following will: AydeN, N. 0., 13 August, 1909. If I, Walter Gardiner, were to die after tbis date, it is my will tbat everything I bave shall be divided equally between my wife and my mother for their lifetime, and then to go to my son, Wilbur, if he lives; but if be dies, then to my brother, Isaac. Tbis refers to the money tbat will come to my estate…
1Opinion of the Court
Walker, J".,
after stating the case: As the judge was not requested to state the facts, we must assume that he found such facts as would support his judgment, as we do not presume that there was error in the judgment, but the contrary. McLeod v. Gooch, 162 N. C., 122; Pharr v. R. R., 132 N. C., 418, 423, and cases therein cited. If the defendant was not alert and careful of his own interests, it was not the fault of the plaintiff, and she should not be made to suffer for his inattention. She denies that there was any mistake of law or fact, and alleges that defendant fully considered the…
2Cases cited32 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Henry v. . HilliardSupreme Court of North Carolina · 1897
- Martin v. JuddIllinois Supreme Court · 1871
- Albertson v. . TerrySupreme Court of North Carolina · 1891
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3Cited by57 opinions
- Keen v. ParkerSupreme Court of North Carolina · 1940
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- Moore v. DealSupreme Court of North Carolina · 1954
- Howard v. BoyceSupreme Court of North Carolina · 1961
- Overton v. OvertonSupreme Court of North Carolina · 1963
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