Legal Opinion

Witherington v. Herring.

Supreme Court of North Carolina

Decided March 6, 1906PublishedCited by 26 opinions

AotioN by M. S. Witherington, Administrator, with the will annexed of W. A. Herring, against N. B. Herring, heard at the November Term, 1905, of the Superior Court of WilsoN. From a judgment for the defendant, the plaintiff appealed.

1Opinion of the CourtClark, C. J.

W. A. Herring, resident in Mississippi, assumed the care, education and support of his natural child which, through his brother, the defendant, Hr. N. B. Herring, he placed in the custody of a lady in this State. There came into the hands of said defendant the sum of $1,500, which he had collected for W. A. Herring, in regard to which the latter wrote Hr. Herring 19 April, 1902: “Retain what means of mine you have on hand until I am able to think and act further, and if I never do, use as you see proper as in the first arrangements made.” Again on 13 September, 1902, W. A. Herring wrote Hr.…

2Cases cited2 opinions

  1. Kelley v. SnowMassachusetts Supreme Judicial Court · 1904
  2. Stone v. HackettMassachusetts Supreme Judicial Court · 1858

3Cited by26 opinions

  1. Allen v. HendrickOregon Supreme Court · 1922
  2. In re MeekerNew York Surrogate's Court · 1929
  3. Union Trust Co. v. HawkinsOhio Supreme Court · 1928
  4. King v. RichardsonCourt of Appeals for the Fourth Circuit · 1943
  5. Springs v. HopkinsSupreme Court of North Carolina · 1916

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