Cooley v. . Lee
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at the October Term, 1914, of SAMPSON. Civil action, to recover land, beard on denial of plaintiffs’ title.
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Appeal by defendant from Daniels, J., at the October Term, 1914, of SAMPSON. Civil action, to recover land, beard on denial of plaintiffs’ title. Tbe pertinent facts set forth in the case agreed are very succinctly stated in his Honor’s judgment, as follows: “This 'cause coming on to be heard upon the agreed statement of facts signed by counsel for plaintiffs and defendants, and being heard, and it appearing therefrom that G. M. Cooley died in 1894, domiciled in the county of Nash, leaving a last will and testament, whereby he bequeathed and devised all his property, real and personal, to his…
1Opinion of the CourtHoke, J.
On the facts embodied in the judgment we concur with his Honor that plaintiffs are entitled to five-fourteenths and defendant Mildred to one-fourteenth of the property in controversy.
It is admitted that the title was in G. M. Cooley and-that he died in 1894, having made his last will and testament devising the property in controversy to his widow, Mary J. Cooley, for life, and then “one-half to his son, R. A. P. Cooley and his heirs and the other half to the heirs of James F. Cooley, his other son”; that James F. Cooley was living at the time of the death of the devisor and still is, and…
2Cases cited9 opinions
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- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- Everett v. . NewtonSupreme Court of North Carolina · 1896
- Graves v. . BarrettSupreme Court of North Carolina · 1900
- Wise v. Leonhardt.Supreme Court of North Carolina · 1901
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3Cited by21 opinions
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- Perry v. . BassengerSupreme Court of North Carolina · 1941
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