Cheatham v. . Crews
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1880, of Granville Superior Court, before Seymour, J. James Crews died in the year 1875 seized and possessed of land containing more than one thousand acres in area, which in the second clause of his will he devises in these words: “ 2nd.
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Civil Action tried at Spring Term, 1880, of Granville Superior Court, before Seymour, J. James Crews died in the year 1875 seized and possessed of land containing more than one thousand acres in area, which in the second clause of his will he devises in these words: “ 2nd. I direct that all my land shall be divided into eight tracts of equal size and value by three-disinterested men, selected by my executors hereinafter named, and distributed by ballot as follows: One share to my son James A. Crews; one share to my son Elijah T. Crews; one share to my soil Edward N. Crews; one share to my…
1Opinion of the Court
Smith, C. J.,
after stating the case. We think there is no error in the ruling of the court and in the measure of the relief accorded to the plaintiff The interpretation put upon the will by her counsel that it requires a division into parts of equal area and an adjustment of values in the distribution of the personalty may be conceded to be correct, and it is manifest that the commissioners proceeded upon this understanding of the testator’s directions. From the conformation, condition and situation of the land, a literal compliance with the directions may have been and we must assume in…
2Cited by3 opinions
- Garrett v. . ReevesSupreme Court of North Carolina · 1899
- Cheatham v. . CrewsSupreme Court of North Carolina · 1883
- Garrett v. . ReevesSupreme Court of North Carolina · 1899