Wilkinson v. Boyd
Supreme Court of North Carolina
ActioN by G. L. Wilkinson and wife against H. O. Boyd, beard by Judge George U. Brown, at August Term, 1904, of tbe Superior Court of Beaufort County. From a judgment for tbe defendant the plaintiffs appealed.
1Opinion of the CourtMontgomery, J.
Tbe construction of tbe fourth clause of the will of Moses Windley is tbe matter before the Court, and, as will be seen, its meaning is largely dependent upon one of tbe provisions of item 3, which is as follows: “Item 3. I give unto my daughter, Nancy E. Windley, with a proviso that if she should die without no children, tbe plantation (describing it) ; that if she should die without children, then I give said plantation above named to my three other children, if a-living, to Henry A. Windley, Martha J. Windley and Mary A. Windley, to be equally divided between them.
“Item 4. I give with the…
2Cases cited3 opinions
- Leathers v. . GraySupreme Court of North Carolina · 1888
- Hauser v. Craft.Supreme Court of North Carolina · 1904
- Whitfield v. Garris.Supreme Court of North Carolina · 1902
3Cited by6 opinions
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Love v. . LoveSupreme Court of North Carolina · 1919
- Albright v. . AlbrightSupreme Court of North Carolina · 1916
- Alexander v. . FlemingSupreme Court of North Carolina · 1925
- Swindell v. . SmawSupreme Court of North Carolina · 1911
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