Brooks v. . Griffin
Supreme Court of North Carolina
Appeal by plaintiffs from Allen, J., at November Term, 1918, of LENOIR. ■ Tbis was a controversy submitted without action.
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Appeal by plaintiffs from Allen, J., at November Term, 1918, of LENOIR. ■ Tbis was a controversy submitted without action. The facts agreed are that Benjamin F. Phillips, by his will, devised his 50-acre tract of land to his nine children, to be divided as follows: The residence and 2 acres he devised to his son, John T. Phillips, and directed that the remaining 48 acres should be divided into eight tracts of six acres each to his other children, providing also, “with the distinct understanding that the parts or parcels hereinafter allotted to each are not to be sold to any one by him, or…
1Opinion of the CourtOlaRK, C. J.
The only question presented in the construction of the following devise: “I give and devise to my children (naming them) my tract of land where I now reside, containing about 50 acres, with tbe distinct understanding that the parts or parcels hereinafter allotted to each is not to be sold to any one by him or them, except the right to sell to one of those above named, it being my desire that the said land shall descend to my grandchildren.” Then followed the directions for the allotment of the tract of land among the nine children. All these lots have been sold to others than one of the…
2Cases cited9 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Latimer v. . WaddellSupreme Court of North Carolina · 1896
- Hardy Bros. v. GallowaySupreme Court of North Carolina · 1892
- Dick v. . PitchfordSupreme Court of North Carolina · 1837
4 more not listed; retrieve them via the Exa API.
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- Smith v. MitchellSupreme Court of North Carolina · 1980
- Barco v. . OwensSupreme Court of North Carolina · 1937
- Humphrey v. FaisonSupreme Court of North Carolina · 1957
- Lee v. . OatesSupreme Court of North Carolina · 1916
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