Sullivan v. . Parker
Supreme Court of North Carolina
Petition for partition, transferred, after issue joined before the Clerk, to the Superior Court, and heard before Bryan, J., at August Term,'1893, of Duplin Superior Court, upon a case agreed, as follows: “1. That Ann Garvey, at the time of her death, was seized in fee simple and in possession of the following described tract or parcel of land in North Carolina, Duplin County and Kenansville township (here follows description), containing 135 acres, more or less, which said…
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Petition for partition, transferred, after issue joined before the Clerk, to the Superior Court, and heard before Bryan, J., at August Term,'1893, of Duplin Superior Court, upon a case agreed, as follows: “1. That Ann Garvey, at the time of her death, was seized in fee simple and in possession of the following described tract or parcel of land in North Carolina, Duplin County and Kenansville township (here follows description), containing 135 acres, more or less, which said land passed under the third item of the will of Ann Garvey, and which said will was executed on the 2d day of August,…
1Opinion of the Court
Burwell, J.:
The third item of the will of Ann Garvey is as follows : “ I will and devise all the balance of the estate of which I may die seized and possessed or to which I am lawful owner unto my daughter Martha Jane Bostick, for and during her natural life, to have, hold and enjoy the same, free from the control, management or contracts of her husband or any other person, for and during her life, and at her death to all the children of her body, share and share alike, and their heirs forever.”
In Howell v. Tyler, 91 N. C, 207, Chief Justice Smith, discussing the case of Thompson v. McDonald,…
2Cases cited2 opinions
- Fairly v. . PriestSupreme Court of North Carolina · 1857
- Kirkpatrick v. . RogersSupreme Court of North Carolina · 1848
3Cited by6 opinions
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- Marquette v. Marquette's ExecutorsCourt of Appeals of Kentucky · 1921
- Harness v. HarnessIndiana Court of Appeals · 1912
- Yancey v. First National Bank & Trust Co.Supreme Court of Iowa · 1938
- Estate of Langdon, Superior Court of California, County of San Francisco1899
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