Holly v. . Holly
Supreme Court of North Carolina
Civil action, tried at Fal'l Term, 1885, of the Superior Court for Bertie county before Connor, Judge. The facts were as follows: The purpose of this action, is to have certain clauses of the will of Augustus Holly, deceased, construed. It appears that he died on the 27th day of May, 1882, leaving a last will and testament, which was duly proven.
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Civil action, tried at Fal'l Term, 1885, of the Superior Court for Bertie county before Connor, Judge. The facts were as follows: The purpose of this action, is to have certain clauses of the will of Augustus Holly, deceased, construed. It appears that he died on the 27th day of May, 1882, leaving a last will and testament, which was duly proven. Sundry bequests are made by the will, and among them oue in the following words: 8. “ I hereby give, devise and leave, to my brother, William J. Holly, all claims and demands of whatever kind I may have against him at my death.” At the time of the…
1Opinion of the Court
MereiMON, J.,
(after stating the case). The case states, that the notes under seal in question, payable to William J. Holly or order, and unendorsed, were found among the papers of the testator at the time of his death, and this arid the will, constitute all the evidence in respect to the ownership of them before us, and all that we are at liberty to consider in passing upon the first exception of the appellants.
In view of the evidence, the terms of the bequest recited above do not embrace these bonds. They did not, upon their face, nor in any legal or equitable aspect of them, constitute any…
2Cases cited5 opinions
- Robertson v. . DunnSupreme Court of North Carolina · 1882
- Jackson v. . LoveSupreme Court of North Carolina · 1880
- Kornegay v. . CollierSupreme Court of North Carolina · 1871
- Alexander v. . WristonSupreme Court of North Carolina · 1879
- Andrews v. . McDanielSupreme Court of North Carolina · 1873
3Cited by15 opinions
- Carolina Timber Co. v. WellsSupreme Court of North Carolina · 1916
- Pate v. . GaitleySupreme Court of North Carolina · 1922
- WACHOVIA BANK & TRUST COMPANY v. DodsonSupreme Court of North Carolina · 1963
- Roy v. DuffSupreme Court of Iowa · 1915
- Thompson v. OnleySupreme Court of North Carolina · 1887
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