Kirkman v. . Hodgin
Supreme Court of North Carolina
Appeal from Long, J., June Term, 1909, of G-uilfobd. Civil action, to determine tbe ownership of a fund of $1,000 in tbe possession of J ames A. Hodgin, trustee, beard upon .exceptions to report of referee, wbicb report is as follows; “In obedience to tbe order of reference made in tbis action, I proceeded on 6 May, 1909, to execute tbe same.
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Appeal from Long, J., June Term, 1909, of G-uilfobd. Civil action, to determine tbe ownership of a fund of $1,000 in tbe possession of J ames A. Hodgin, trustee, beard upon .exceptions to report of referee, wbicb report is as follows; “In obedience to tbe order of reference made in tbis action, I proceeded on 6 May, 1909, to execute tbe same. Tbe testimony taken is herewith submitted, and from tbe testimony and admission in tbe pleadings I find: “That W. L. Kirkman died testate, leaving bis surviving widow, Lydia E. Kirkman, and two sons, A. L. Kirkman and S. O. Kirkman; that be devised and…
1Opinion of the CourtBrowN, J.
The basis of this action is the following paper writing, referred to in the report as Exhibit B :
"Agreement. — L. E. Kirkman, S. 0. Kirkman and A. L. Kirk-man. "We, L. E. Kirkman, S. O. Kirkman and A. L. Kirkman, do this day agree to the following form, in shape of division of the property of W. L. Kirkman, deceased, as follows:
“L. E. Kirkman to hold until her death the note of Webb Hunt, or the proceeds thereof; also to hold the $500 to be collected from the estate of W. M. Kirkman, and after her death the balance of the proceeds to go to S. 0. Kirkman or his heirs.
“A. L. Kirkman’s heirs áre…
2Cases cited2 opinions
- Sherrill v. . HaganSupreme Court of North Carolina · 1885
- Howell v. . HowellSupreme Court of North Carolina · 1847
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- Leaksville-Spray Institute v. MebaneSupreme Court of North Carolina · 1914
- Exum v. . LynchSupreme Court of North Carolina · 1924
- In Re Will of PendergrassSupreme Court of North Carolina · 1960
- American Potato Co. v. Jenette Bros.Supreme Court of North Carolina · 1916
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