Parks v. Robinson.
Supreme Court of North Carolina
CONTROVERSY without action by Mrs. Aim Parks against W. T. Robinson, heard by Judge W. B. Allen at the October Term, 1904, of the Superior Court of MecelbNburg County. This was a controversy submitted without action under section 567 of The Code.
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CONTROVERSY without action by Mrs. Aim Parks against W. T. Robinson, heard by Judge W. B. Allen at the October Term, 1904, of the Superior Court of MecelbNburg County. This was a controversy submitted without action under section 567 of The Code. On the 30th day of June 1876 H. M. Parks duly executed his will, the material item of which is as follows: “After all my lawful debts are paid and discharged (if there be any) I give and bequeath to my beloved wife Ann Parks during her natural life, and at her disposal all the rest residue and remainder of my real and personal estate.” He appointed…
1Opinion of the CourtConnor, J.
after stating- the case: This case was submitted upon very full and well considered briefs and oral argument by counsel for both sides by which we have been aided in coming to the conclusion that His Honor correctly construed the will of Mr. Parks. It was conceded that the contract made by the plaintiff, the specific performance of which is sought to be enforced, is fair and just to all parties' and we think: entirely consistent with the purpose find in tent of the testator. The parties, however, very properly desire that any doubt in regard to the validity of the title conveyed by Mrs. Parks…
2Cases cited7 opinions
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- Giles v. LittleSupreme Court of the United States · 1881
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- Cummings v. ShawMassachusetts Supreme Judicial Court · 1871
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3Cited by22 opinions
- Chewning v. . MasonSupreme Court of North Carolina · 1912
- Holland v. . SmithSupreme Court of North Carolina · 1944
- Roane v. . RobinsonSupreme Court of North Carolina · 1925
- Smith Ex Rel. Smith v. MearsSupreme Court of North Carolina · 1940
- Fellowes v. . DurfeySupreme Court of North Carolina · 1913
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