Allen v. . Cameron
Supreme Court of North Carolina
Appeal by plaintiff from Kerr, J., at November Term, 1920, of Wake. Tbis is a civil action, brought by plaintiff, W. M. Allen, against defendant, Benneban Cameron, for tbe specific performance of a written contract, whereby Mr. Cameron agreed to sell to W. M. Allen, and said Allen agreed to buy from bim a bouse and lot in Raleigb, N. 0., on East Jones Street, at the price of $8,000 in cash.
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Appeal by plaintiff from Kerr, J., at November Term, 1920, of Wake. Tbis is a civil action, brought by plaintiff, W. M. Allen, against defendant, Benneban Cameron, for tbe specific performance of a written contract, whereby Mr. Cameron agreed to sell to W. M. Allen, and said Allen agreed to buy from bim a bouse and lot in Raleigb, N. 0., on East Jones Street, at the price of $8,000 in cash. The defendant Cameron in apt time tendered the deed from bim and bis wife to said Allen, and demanded the payment of the sale price of $8,000. Mr. Allen made no objection to the form of the deed, or that…
1Opinion of the Court
Walker, J.,
after stating the case: We have no doubt as to what Mr. Cameron meant by the language employed in the residuary clause of his will. It is clear from the preamble, or introductory clause, that he intended to dispose of all that he owned or possessed, and not die intestate as to any part of his large estate. He disposed of the larger part of it with great care and particularity, and when he came to the final clauses, thinking that he may have inadvertently overlooked some part of it, he inserted the residuary clause to provide for any such omission on his part. This is generally the…
2Cases cited16 opinions
- Burwell v. CawoodSupreme Court of the United States · 1844
- Foil v. Newsome.Supreme Court of North Carolina · 1905
- Jones v. . MyattSupreme Court of North Carolina · 1910
- Powell v. . WoodcockSupreme Court of North Carolina · 1908
- Blue v. . RitterSupreme Court of North Carolina · 1896
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3Cited by13 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Cannon v. . CannonSupreme Court of North Carolina · 1945
- Davison v. Duke UniversitySupreme Court of North Carolina · 1973
- McIver v. . McKinneySupreme Court of North Carolina · 1922
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