Doe Ex Dem. Boyd v. Latham
Supreme Court of North Carolina
This was an action of ejectment, tried befóte Manly, Judge, at the Spring Term, 1853, of Beaufort Superior Court. The following is the case agreed, upon which, in the Court below, judgment was entered for the plaintiff: The will referred to above, which the opinion delivered by this Court renders unnecessary to insert here at length, consisted of eleven items, and two codicils, by which a large estate was disposed of. By the sixth item it disposed of certain mills.
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This was an action of ejectment, tried befóte Manly, Judge, at the Spring Term, 1853, of Beaufort Superior Court. The following is the case agreed, upon which, in the Court below, judgment was entered for the plaintiff: The will referred to above, which the opinion delivered by this Court renders unnecessary to insert here at length, consisted of eleven items, and two codicils, by which a large estate was disposed of. By the sixth item it disposed of certain mills. By the seventh, the testator devised the land in dispute to Almarina Boyd. The first codicil, which commences, “ Codicile, I…
1Opinion of the CourtPearsoN, J.
George Boyd, Sen., died seised and possessed of a considerable estate, and left him surviving a widow and one child, and a good many relatives to whom he makes bequests or devises; among them Almarina Boyd, to whom he devises the land now sued for.
One of two conclusions must be adopted. 1. What are called «the codicils ’ ’ revoke the will, and Boyd died intestate, except as to the u grist and saw mills and four negroes,” or 2, the codicils have only the effect of altering the sixth item of the will which has reference to the grist’ and saw mill; and the several items by which the four negroes…
2Cited by9 opinions
- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
- Foil v. Newsome.Supreme Court of North Carolina · 1905
- McCullen v. . DaughtrySupreme Court of North Carolina · 1925
- Armstrong Ex Rel. Martin Ex Rel. Martin v. ArmstrongSupreme Court of North Carolina · 1952
- Baker v. . EdgeSupreme Court of North Carolina · 1917
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