Patrick v. . Morehead
Supreme Court of North Carolina
CONTROVERSY without action under section 325 of the Code, for the construction of a will, heard at Fall Term, 1880, of Rockingham Superior Court, before Eure, J. Case agreed.- — The facts agreed upon are as follows? James Patrick, Sen., late of Rockingham county, died in the year 1835, having first made and published his last will and testament, bearing date the 28th of March, 1835, which was duly admitted to probate at May term, 1835, of the county court of said county.
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CONTROVERSY without action under section 325 of the Code, for the construction of a will, heard at Fall Term, 1880, of Rockingham Superior Court, before Eure, J. Case agreed.- — The facts agreed upon are as follows? James Patrick, Sen., late of Rockingham county, died in the year 1835, having first made and published his last will and testament, bearing date the 28th of March, 1835, which was duly admitted to probate at May term, 1835, of the county court of said county. He died seized and possessed of the land in dispute. In the third clause of his will he devised as follows: “ I give unto…
1Opinion of the CourtAsi-ie, J.
This case comes up by appeal from a judgment rendered in the court below on a statement of facts agreed upon by counsel in a controversy submitted without action. The statement contains the following clause in the last will and testament of James Patrick, Sen., namely: “ I give to my gandson James D. Patrick, the plantation known as the old ‘ Iron Works,’ containing about eight hundred acres of land, to hold during his life time, and if it shall so happen that he has any lawful heirs, I give it to them or any of them that he may think proper; and should it so happen that he dies without any…
2Cases cited1 opinion
- Bass v. . BassSupreme Court of North Carolina · 1878
3Cited by32 opinions
- Carroll v. HerringSupreme Court of North Carolina · 1920
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Chewning v. . MasonSupreme Court of North Carolina · 1912
- Roane v. . RobinsonSupreme Court of North Carolina · 1925
- Smith Ex Rel. Smith v. MearsSupreme Court of North Carolina · 1940
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