Fellowes v. . Durfey
Supreme Court of North Carolina
Appeal by defendant from Garter, J., at April Term, 1913, .of Wake. Tbis is an appeal from a judgment construing tbe will of Rufus S. Tucker, wbicb is as follows: Raleigh, N. C,, 6 February, 1880. • I, Rufus S. Tucker, merchant, residing in tbe city of Raleigb and State of North Carolina, do make and publish tbis as my last will and testament, at my own home and in my own band-writing.
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Appeal by defendant from Garter, J., at April Term, 1913, .of Wake. Tbis is an appeal from a judgment construing tbe will of Rufus S. Tucker, wbicb is as follows: Raleigh, N. C,, 6 February, 1880. • I, Rufus S. Tucker, merchant, residing in tbe city of Raleigb and State of North Carolina, do make and publish tbis as my last will and testament, at my own home and in my own band-writing. I give, devise, and bequeath to my dear wife, Florence Perkins Tucker, all my estate, real or personal, wherever located or however held, or all that I may acquire or hold at the time of my death, of whatever…
1Opinion of the CourtClark, C. J.
The decision of this case affects the present control and. custody of a large amount of property, and to a lesser extent its ultimate destination, for the will of Mrs. Tucker substantially divides it equally among her children, and the children of a deceased son, share and share alike, but with the exception of a cash devise to each and some personal property, gives her children the annual interest only, and devises the principal of each share in trust to be divided among the grandchildren at the death of their mothers. The will of Florence P. Tucker is not presented for construction, but the…
2Cases cited12 opinions
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- Anderson v. WilkinsSupreme Court of North Carolina · 1906
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- Holt v. HoltSupreme Court of North Carolina · 1894
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
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3Cited by30 opinions
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- Carter v. . StricklandSupreme Court of North Carolina · 1914
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