Baker v. . Edge
Supreme Court of North Carolina
Civil actioN tried before Whedbee, J., at the April Term, 1917, of Edgecombe. This is an action to recover a tract of land known as the Buffin tract, •on the following facts: Moses Baker, late of Edgecombe County, North Carolina, died in said ■county and State, leaving a last will and testament, which is duly recorded in the office of the clerk of the Superior Court of Edgecombe in "Will Book G, page 146 et seq., the pertinent paragraphs of which read .as follows: Item 12: I…
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Civil actioN tried before Whedbee, J., at the April Term, 1917, of Edgecombe. This is an action to recover a tract of land known as the Buffin tract, •on the following facts: Moses Baker, late of Edgecombe County, North Carolina, died in said ■county and State, leaving a last will and testament, which is duly recorded in the office of the clerk of the Superior Court of Edgecombe in "Will Book G, page 146 et seq., the pertinent paragraphs of which read .as follows: Item 12: I give and bequeath unto my grandsons, John Baker and Jesse Baker, negro man Ben and my “Buffin tract” of land adjoining…
1Opinion of the CourtAllen, J.
The question presented is the effect of the codicil on the will. Does it strike the name of John Baker from the 12th item of the will, and does it destroy the ulterior limitation to the next of kin, in the event of the death of both John and Jesse Baker leaving no issue?
The researches of counsel and of the Court furnish no precedent to guide us, and we are left to ascertain the intent of the testator under general rules of construction established by the wisdom and experience of our predecessors, but not always leaving the mind free from doubt, since in the last analysis, construction is an…
2Cases cited5 opinions
- Faison v. . MiddletonSupreme Court of North Carolina · 1916
- In Re Venable's WillSupreme Court of North Carolina · 1900
- Albright v. . AlbrightSupreme Court of North Carolina · 1916
- Doe Ex Dem. Boyd v. LathamSupreme Court of North Carolina · 1853
- Hallyburton v. . CarsonSupreme Court of North Carolina · 1882
3Cited by9 opinions
- Armstrong Ex Rel. Martin Ex Rel. Martin v. ArmstrongSupreme Court of North Carolina · 1952
- In Re Last Will & Testament of LoveSupreme Court of North Carolina · 1923
- In Re Will of GoodmanSupreme Court of North Carolina · 1948
- Toms v. . BrownSupreme Court of North Carolina · 1938
- Hollowell v. HollowellCourt of Appeals of North Carolina · 1973
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