Reid v. . Alexander
Supreme Court of North Carolina
Appeal by both parties from Lane, J., at February Term, 1915, of MECKLENBURG. Action for the construction of a will.
1Opinion of the CourtAllen, J.
This is an action between the devisees and legatees of John 0. Alexander for the purpose of asking the advice and opinion of the court as to their respective interests under the will and for a construction of the will, and, as such, it cannot be entertained, for want of jurisdiction in the Court.
It has been so held since the case of Tayloe v. Bond, 45 N. C., 14, decided in 1838, and one of the latest cases upon the subject is Heptinstall v. Newsome, 148 N. C., 504, in which case an action brought for the same purpose was dismissed.
In Little v. Thorne, 93 N. C., 71, the doctrine is stated…
2Cases cited3 opinions
- Simpson v. . WallaceSupreme Court of North Carolina · 1880
- Alsbrook v. . ReidSupreme Court of North Carolina · 1883
- Doe on the Demise of Branch v. HunterSupreme Court of North Carolina · 1866
3Cited by11 opinions
- Little v. Wachovia Bank and Trust CompanySupreme Court of North Carolina · 1960
- Cannon v. . CannonSupreme Court of North Carolina · 1945
- Commercial National Bank of Charlotte v. AlexanderSupreme Court of North Carolina · 1924
- Finley v. . FinleySupreme Court of North Carolina · 1931
- Mountain Park Institute, Inc. v. LovillSupreme Court of North Carolina · 1930
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