McIver v. . McKinney
Supreme Court of North Carolina
Appeal by petitioners from Harding, J., at April Term, 1922, of Sueby. Civil action, beard on an agreed statement of facts.
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Appeal by petitioners from Harding, J., at April Term, 1922, of Sueby. Civil action, beard on an agreed statement of facts. John M. Doss died leaving a last will and testament tbe two material items of wbicb are as follows: “Second: I give and devise to my beloved wife, Mary M. Doss, tbe tract of land on wbicb I now reside, containing three hundred acres, more or less, bounded by tbe lands of "Wesley Wooten, E. Parker, McKinney, and others, for her natural life in satisfaction of her dower and thirds in all my lands.” “Fifth: My will and desire is that all tbe residue of my estate (if any),…
1Opinion of the CourtAdams, J.
In the second item of the will the testator devised the home place to his wife for her natural life, without therein disposing of the reversionary interest. The appeal therefore presents the direct question whether the provision in the fifth item operates as an equitable conversion into personal property of the interest remaining after the expiration of the life estate, for it is admitted that no other clause in the will affects such interest.
In Sisson v. Seabury, 1 Sumn., 235, Fed. Cas., No. 12, 913, Judge Story said: “The difficulty of construing wills in any satisfactory manner renders…
2Cases cited16 opinions
- McCallum v. . McCallumSupreme Court of North Carolina · 1914
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- Francks v. . WhitakerSupreme Court of North Carolina · 1895
- Sisson v. SeaburyU.S. Circuit Court for the District of Rhode Island · 1832
- Peebles v. Graham.Supreme Court of North Carolina · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Smith Ex Rel. Smith v. MearsSupreme Court of North Carolina · 1940
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Jolley v. . HumphriesSupreme Court of North Carolina · 1933
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