Clark v. . Benton
Supreme Court of North Carolina
PetitioN EOR PaRtitioN of land filed before tbe Clerk of Iredell Superior Court, and transferred to Term, and beard before Melver, J., at May Term, 1898. Tbe parties all claimed under tbe will of Alexander Clark. T. M. Clark was a posthumous child. Tbe decision of tbe 'cause involved tbe proper construction of tbis will. ITis Honor decided that they all shared equally, each taking one-third. The defendant excepted and appealed. A copy of tbe will appears in tbe opinion.
1Opinion of the CourtClark, J.
This was a petition for partition, brought by T. M. Clark and Minnie E. Clark against Ola A. Benton (joining W. O. Benton, her guardian,) transferred to tbe Superior Court upon issues raised by tbe pleadings. Tbe result depends upon the proper construction of Items 2 and -4 of tbe will of Alexander Clark, deceased, which are as follows :
“Item 2. I will unto my son Alexander Clark as trustee,- and in trust to tbe use of my daughter Mary E. Lelmy during her lifetime, and then to her children, if she has any, and if not, to my two youngest children, Minnie Etta and Alice Rebecca, a piece of land…
2Cases cited1 opinion
- Lenoir v. Valley River Mining Co.Supreme Court of North Carolina · 1893
3Cited by2 opinions
- Swain v. BowersIndiana Court of Appeals · 1927
- Ebbs v. SmithHighland County Court of Common Pleas · 1979