McDonald v. . Howe
Supreme Court of North Carolina
Appeal by plaintiff from Calvert, J., at April Term, 1919, of New HaNOVER. Mary Washington Howe, the aunt of the plaintiffs, provided in her will as follows: “The remainder of my property I give to my sister, Eebecca Jane McDonald, for ber use until her daughters, Nada Eoberta and Alfreda Eloise, become of age, when it becomes theirs.
Read the full summary
Appeal by plaintiff from Calvert, J., at April Term, 1919, of New HaNOVER. Mary Washington Howe, the aunt of the plaintiffs, provided in her will as follows: “The remainder of my property I give to my sister, Eebecca Jane McDonald, for ber use until her daughters, Nada Eoberta and Alfreda Eloise, become of age, when it becomes theirs. Should Nada and Alfreda die, leaving sister or sisters, brother or brothers, of their mother’s children, the sister or sisters, brother or brothers, shall inherit the property here mentioned. Should they die, the property is to be sold and proceeds divided…
1Opinion of the CourtClark, C. J.
There was no irregularity upon the face of the proceedings. This Court has repeatedly held that the requirement that a judgment should be signed by the judge is “only directory and a judgment passed in open court and filed with the papers as a part of the judgment roll is a valid judgment, though not signed by the judge.” Range Co. v. Carver, 118 N. C., 328, citing Rollins v. Henry, 78 N. C., 342; Matthews v. Joyce, 85 N. C., 258; Keener v. Goodson, 89 N. C., 273; Spencer v. Gredle, 102 N. C., 68; Bond v. Wool, 113 N. C., 20.
Even if the judgment should have been signed, the record could be…
2Cases cited11 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Ferrell v. . HalesSupreme Court of North Carolina · 1896
- Wrought Iron Range Co. v. CarverSupreme Court of North Carolina · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Carter v. KemptonSupreme Court of North Carolina · 1950
- Chas. W. Priddy & Co. v. SanderfordSupreme Court of North Carolina · 1942
- Lee v. . RhodesSupreme Court of North Carolina · 1947
- Parker v. ParkerSupreme Court of North Carolina · 1960
8 more not listed; retrieve them via the Exa API.