Barfield v. Carr
Supreme Court of North Carolina
Appeal by defendants from Connor, J., at the February Term, 1915, of GREENE. Civil action tried upon these issues: 1. Did A. R. Hinson draw the pen lines through the names of Lillian Phillips, Alex.
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Appeal by defendants from Connor, J., at the February Term, 1915, of GREENE. Civil action tried upon these issues: 1. Did A. R. Hinson draw the pen lines through the names of Lillian Phillips, Alex. Hagan and Minnie Taylor and through the words giving to each one share, as appears in item 6 of his last will and testament, as alleged? Answer: “Yes.” 2. If so, did the said A.'R. Hinson draw said lines through said names and words with intent to cancel or obliterate so much of said will as gave to Lillian Phillips, Alex. Hagan and Minnie Taylor to each one share of his estate? Answer: “Yes.” 3.…
1Opinion of the CourtBjrowN, J.
This action is brought to determine the rights of plaintiffs and defendants under the will of Adam Hinson. The will was found soon after testator’s death, the sixth item being canceled and ■obliterated in part as follows:
“6. It is my will and desire that all the residue of my property, after the sale of the real estate provided in above section, shall be divided equally and paid over, share and share alike, to each of the following, towit:
“To my niece Elizabeth Barfield one share.
<(To my uiccc LilliaH'Bhillipy-ottersfage;
A. E. Hinson,
“To my nephew Alex. llagan une sliaie1.1
“To my niece Sunie…
2Cases cited6 opinions
- State v. WalkerSupreme Court of North Carolina · 1996
- Cutler v. Cutler.Supreme Court of North Carolina · 1902
- Battle v. . BattleSupreme Court of North Carolina · 1895
- Duckworth v. Jordan.Supreme Court of North Carolina · 1905
- In Re Will of WellbornSupreme Court of North Carolina · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re Will of SaundersSupreme Court of North Carolina · 1919
- In Re Last Will & Testament of LoveSupreme Court of North Carolina · 1923
- Michigan Trust Co. v. FoxMichigan Supreme Court · 1916
- Stuart v. McWhorterCourt of Appeals of Kentucky (pre-1976) · 1931