In Re Will of Miller
Supreme Court of North Carolina
Appeal from Lyon, J., at March Term, 1912, of Mecklenburg. Civil action, heard on case agreed. It was made to appear that R. C. Miller died in said county on 5 October, 1902, having duly made his last will and testament, leaving him surviving his widow,' Margaret E. Miller, a daughter, Mary E. Miller, and a son, John L., who had a wife, Lucy, living and several children, all of whom are parties; that the widow of the testator, Margaret E., died 22 August, 1908, without…
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Appeal from Lyon, J., at March Term, 1912, of Mecklenburg. Civil action, heard on case agreed. It was made to appear that R. C. Miller died in said county on 5 October, 1902, having duly made his last will and testament, leaving him surviving his widow,' Margaret E. Miller, a daughter, Mary E. Miller, and a son, John L., who had a wife, Lucy, living and several children, all of whom are parties; that the widow of the testator, Margaret E., died 22 August, 1908, without having remarried; that the daughter, Mary E., lived with h,er father and mother on the tract of land until they died and…
1Opinion of the Court
Hoke, J.,
after stating the ease: The question chiefly presented oil this appeal has been very much discussed by the courts and there seems to be a great contrariety of decisions concerning it. Without attempting to explain or even refer to many of the cases on the subject, we consider it as established, certainly by the weight of authority, that where an estate or interest is definitely conveyed, with a condition subsequent annexed in general restraint of marriage, that is, without limitation as to time or person, the condition, as a rule, will be disregarded. Watts v. Griffin, 137 N. C.,…
2Cases cited8 opinions
- Brant v. EhlenCourt of Appeals of Maryland · 1882
- Hibbits v. JackIndiana Supreme Court · 1884
- Coppage v. Alexander's HeirsCourt of Appeals of Kentucky · 1842
- Watts v. Griffin.Supreme Court of North Carolina · 1905
- Chapin v. CookeSupreme Court of Connecticut · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McCallum v. . McCallumSupreme Court of North Carolina · 1914
- Whitehurst v. . GotwaltSupreme Court of North Carolina · 1925
- McClure v. . CrowSupreme Court of North Carolina · 1929
- Baker v. HickmanSupreme Court of Kansas · 1929
- Eastham v. EasthamCourt of Appeals of Kentucky · 1921
2 more not listed; retrieve them via the Exa API.