Smithwick v. . Moore
Supreme Court of North Carolina
ActioN of ejeotmeNt, tried before Long, J., and a jury, September Term, 1906, of tbe Superior Court of Martin County. The pertinent facts sufficiently appear in the opinion of the Court.
1Opinion of the CourtClare, C. J.
Edward Smithwick (colored), by his will, dated 2 April, 1894, and probated 23 October, 1901, devised “all his property, real and personal,” to the plaintiff, who was bis second wife. By deed of gift, signed by him and bis first wife, dated 21 March, 1891, probated 14 October, 1891, and registered 14 October, 1901, be conveyed to defendant fifty acres, cut off from bis borne tract, wbicb this action is brought to recover. At some time it seems that Smithwick gave to the defendant a will, as well as the deed. It is in evidence that the defendant deposited both deed and will with one Wallace,…
2Cited by8 opinions
- Belk Ex Rel. Belk v. BelkSupreme Court of North Carolina · 1917
- Johnson v. . JohnsonSupreme Court of North Carolina · 1948
- Cannon v. . BlairSupreme Court of North Carolina · 1948
- Jones v. . ColemanSupreme Court of North Carolina · 1924
- Faircloth v. . JohnsonSupreme Court of North Carolina · 1925
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