Ham v. . Ham
Supreme Court of North Carolina
Appeal by plaintiff from Connor, J., at August Term, 1914, of WayNE. ■This ease, for tbe recovery of land, involves tbe construction of tbe will of Haywood D. Ham, Sr., wbo died on 31 May, 1859. He devised bis borne place, containing 175 acres, to bis wife, Penny Ham, for life, and’ all tbe rest of tbe land of wbicb be died seized and possessed to bis four sons, Matthew J. Ham, George D. Ham, Erastus Ham, and Haywood D. Ham, Jr., “to be equally divided between them, but…
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Appeal by plaintiff from Connor, J., at August Term, 1914, of WayNE. ■This ease, for tbe recovery of land, involves tbe construction of tbe will of Haywood D. Ham, Sr., wbo died on 31 May, 1859. He devised bis borne place, containing 175 acres, to bis wife, Penny Ham, for life, and’ all tbe rest of tbe land of wbicb be died seized and possessed to bis four sons, Matthew J. Ham, George D. Ham, Erastus Ham, and Haywood D. Ham, Jr., “to be equally divided between them, but should either tbe said Matthew, George, Erastus, or Haywood die before arriving at tbe age of 21, or without children…
1Opinion of the Court
Walker, J.,
after stating the facts: The plaintiffs are the children and heirs at law of Matthew J. Ham, and claim to be the owners of the land in dispute under the will of their grandfather, Haywood D. Ham, Sr., upon the ground that they are the last survivors of the four sons mentioned in said will, within the meaning and intent of the testator, as expressed therein or as clearly to be implied from the language used by him.
It has been settled by several cases decided by this Court, and many in other jurisdictions, that the word “or” last used in the sentence, “but should ‘either of the said…
2Cases cited9 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Hilliard v. . KearneySupreme Court of North Carolina · 1853
- Kruger v. Western Fire & Marine InsuranceCalifornia Supreme Court · 1887
- Threadgill v. . IngramSupreme Court of North Carolina · 1841
- Spruill v. . MooreSupreme Court of North Carolina · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Davison v. Duke UniversitySupreme Court of North Carolina · 1973
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Jones v. WaldroupSupreme Court of North Carolina · 1940
- Jones v. . WaldroupSupreme Court of North Carolina · 1940
- Hummell v. HummellSupreme Court of North Carolina · 1954
9 more not listed; retrieve them via the Exa API.