Creek v. Walker.
Supreme Court of North Carolina
CONTROVERSY without action by Tbos. Edgar Cheek and wife against Jno. B. Walker, heard by Judge R. B. Peebles, at'the May Term, 1905, of the Superior Court of Durham County. This is a controversy without action, submitted upon an agreed state of facts, under Code, section 567. J. W .Cheek, being the owner in fee of the locus in quo, executed his will in due form and died during tbe year 1875. Tbe will was duly admitted to probate.
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CONTROVERSY without action by Tbos. Edgar Cheek and wife against Jno. B. Walker, heard by Judge R. B. Peebles, at'the May Term, 1905, of the Superior Court of Durham County. This is a controversy without action, submitted upon an agreed state of facts, under Code, section 567. J. W .Cheek, being the owner in fee of the locus in quo, executed his will in due form and died during tbe year 1875. Tbe will was duly admitted to probate. He devised tbe land described in tbe deed attached to tbe record together with other real estate to bis son, tbe plaintiff, T. E. Cheek. Tie executed a Codicil May…
1Opinion of the Court
Connor, J.,
after stating the facts. The plaintiffs contend that by a proper construction of the will of Jno. W. Cheek and codicil thereto, the word “or” should be read “and,” so that the contingency upon which the title to th'e land should vest in the mother and brothers and sisters would be both dying unmarried and leaving no children. If this view should be adopted Thos. Edgar having married and had issue the title has v become absolute. It is suggested that the word “unmarried” primarily • means never having been married. There seems to be authority to support the contention, and in view…
2Cases cited3 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Kornegay v. . MillerSupreme Court of North Carolina · 1905
- Turner v. . WhittedSupreme Court of North Carolina · 1823
3Cited by10 opinions
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Lee v. OatesSupreme Court of North Carolina · 1916
- Lee v. . OatesSupreme Court of North Carolina · 1916
- Elkins v. . SeiglerSupreme Court of North Carolina · 1911
- Jernigan v. LeeSupreme Court of North Carolina · 1971
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