Dodson v. . Fulk
Supreme Court of North Carolina
ActioN tried before Moore, and a jury, at August Term, 1907, of Sheet. The action was brought by plaintiffs to recover the amount due feme plaintiff, Louisa Dodson, nee Eulk, as the distribu-' five share of her father’s estate, from defendants, who are his executors.
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ActioN tried before Moore, and a jury, at August Term, 1907, of Sheet. The action was brought by plaintiffs to recover the amount due feme plaintiff, Louisa Dodson, nee Eulk, as the distribu-' five share of her father’s estate, from defendants, who are his executors. Defendants, admitting their obligation to account and pay plaintiff the amount found to be due, answer and allege that at the time of the testator’s death feme plaintiff was indebted to testator in the sum of $868 by the joint and several bonds of feme plaintiff and her husband, secured by deed of trust on real property of feme…
1Opinion of the Court
Hoicb, J.,
after stating the case: There are circumstances which permit the reception of parol testimony in matters con-eernipg wills and the contents thereof, and especially in reference to the intent of the testator in the case of advancements. Eor while the doctrine of advancements strictly arises only in case of intestacy, it is frequently necessary to construe this or equivalent terms when used in the will itself. In our opinion, however, the facts of this appeal do not call for or permit any application of the principle referred to. In the fifth item of the will of Bryson Eulk, father of…
2Cases cited2 opinions
- Blacknall v. . WycheSupreme Court of North Carolina · 1840
- In re Goble's WillNew York Surrogate's Court · 1890
3Cited by2 opinions
- Winchester-Simmons Co. v. . CutlerSupreme Court of North Carolina · 1930
- Winchester-Simmons Co. v. CutlerSupreme Court of North Carolina · 1930