Wooten v. . Outland
Supreme Court of North Carolina
Appeal by all the defendants except the administrator, from Bone, J., at September Term, 1945, of Lenoir. This is a special proceedings instituted before the clerk of the Superior Court of Lenoir County, for the sale for partition of certain lands situate in the City of Kinston and County of Lenoir, devised by Addie Moseley Taylor, and, for the construction of her will devising and bequeathing the residue of her property, of which said lands are a part.
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Appeal by all the defendants except the administrator, from Bone, J., at September Term, 1945, of Lenoir. This is a special proceedings instituted before the clerk of the Superior Court of Lenoir County, for the sale for partition of certain lands situate in the City of Kinston and County of Lenoir, devised by Addie Moseley Taylor, and, for the construction of her will devising and bequeathing the residue of her property, of which said lands are a part. The testatrix made various bequests to named beneficiaries in her will, and in Item 6 thereof, she stated: “The balance to be equally divided…
1Opinion of the CourtDeNNY, J.
The only question involved in this appeal is whether the beneficiaries under the residuary clause of the will of Addie Moseley Taylor take per capita or per stirpes.
The answer to this question is not an easy one. Our Court has experienced a great deal of difficulty in similar cases. In Stow v. Ward, 12 N. C., 67, the language construed was as follows: “It is my will, and I do allow, that all the remaining part of my estate, both real and personal, be equally divided amongst the heirs of my brother John Ford, the heirs of my sister Nancy Stow, the heirs of my sister Sally Ward deceased, and…
2Cases cited29 opinions
- Burton v. . CahillSupreme Court of North Carolina · 1926
- Culp v. . LeeSupreme Court of North Carolina · 1891
- In Re Estate of PoindexterSupreme Court of North Carolina · 1942
- Freeman v. . KnightSupreme Court of North Carolina · 1841
- Howell v. . TylerSupreme Court of North Carolina · 1884
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3Cited by10 opinions
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- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- Gilbert v. WenzelSupreme Court of Iowa · 1956
- Mitchell v. LoweryCourt of Appeals of North Carolina · 1988
- Williams v. . JohnsonSupreme Court of North Carolina · 1948
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