Watts v. Griffin.
Supreme Court of North Carolina
CONTROVERSY without action by R. A. Watts, Sr., Andrew J. Flanner, Frank Watts, Eugene Watts, Elorene Watts and Samuel Watts against W. IT. Griffin, heard by Judge Walter II. Neal at the January Term, 1905, of the Superior Court of Wayne County.
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CONTROVERSY without action by R. A. Watts, Sr., Andrew J. Flanner, Frank Watts, Eugene Watts, Elorene Watts and Samuel Watts against W. IT. Griffin, heard by Judge Walter II. Neal at the January Term, 1905, of the Superior Court of Wayne County. Tbis is a controversy submitted without action under section 567 of The Code, upon the following statement of facts: The plaintiffs have contracted to convey the land described in the will hereinafter mentioned to the defendant for $5,000, and have duly executed and tendered to him a deed for the same with full covenants of title, and demanded the…
1Opinion of the Court
Walker, J.,
after stating the case. When this will was before the Court for construction at a former term (Ex-parte Watts, 130 N. C., 237), the question involved in the litigation was quite different from that which is now presented for solution. Proceedings had been brought to sell the land or home place- described in the will for partition among the four devisees, two of whom were at the time under age. It was held and correctly, we now think, that the Court could not order a sale, as that would defeat the intention of the testatrix to provide a common home for her four children during a…
2Cases cited4 opinions
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
- Tiddy v. . GravesSupreme Court of North Carolina · 1900
- Crudup v. . HoldingSupreme Court of North Carolina · 1896
- Ex Parte WattsSupreme Court of North Carolina · 1902
3Cited by9 opinions
- Gordon v. GordonMassachusetts Supreme Judicial Court · 1955
- In Re Will of MillerSupreme Court of North Carolina · 1912
- Dudley v. StatonSupreme Court of North Carolina · 1962
- Meek v. FoxSupreme Court of Virginia · 1916
- Sides v. . SidesSupreme Court of North Carolina · 1919
4 more not listed; retrieve them via the Exa API.