Thompson v. . Humphrey
Supreme Court of North Carolina
Civil actioN, beard by Bryson, J., upon facts agreed, at September Term, 1919, of Guileoed. On 1 August, 1919, plaintiffs contracted to sell tbe land described in tbe case, and to convey a good and indefeasible title thereto, for tbe consideration stated.
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Civil actioN, beard by Bryson, J., upon facts agreed, at September Term, 1919, of Guileoed. On 1 August, 1919, plaintiffs contracted to sell tbe land described in tbe case, and to convey a good and indefeasible title thereto, for tbe consideration stated. They tendered a deed for tbe same, and-defendants refused to accept it upon tbe ground tbat plaintiffs could not convey sucb a title as is described in tbe contract, as tbey did not bave an indefeasible title to tbe said land. The controversy arose upon the following facts agreed : 1. At tbe time of bis death, on 15 April, 1903, B. J. Fisher…
1Opinion of the Court
Walker, J.,
after stating the case as above: The proper construction of this will is that Mrs. Fisher should have the estate for her life or widowhood, and at her death, or remarriage, it should go to her children, provided they have then arrived at the age of twenty-one years, and any one of them who has attained that age shall have his, or her, share (“or division”) of annual interest, or income, and, as to those under age, their shares shall be held by the executor, for the purpose of being expended by him for their use and benefit. As each becomes of age, he or she shall have a voice in…
2Cases cited27 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- England v. . GarnerSupreme Court of North Carolina · 1884
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
22 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Crow v. Citicorp Acceptance Co., Inc.Supreme Court of North Carolina · 1987
- Witty v. WittySupreme Court of North Carolina · 1922
- English v. Holden Beach Realty Corp.Court of Appeals of North Carolina · 1979
- Scales v. . BarringerSupreme Court of North Carolina · 1926
- Witty v. . WittySupreme Court of North Carolina · 1922
21 more not listed; retrieve them via the Exa API.