Patterson v. . Brandon
Supreme Court of North Carolina
Appeal by defendant from Carr, J., 30 July, 1945, in Chambers, in Alamance. This is an action brought under the Uniform Declaratory Judgment Act, G. S., Art. 26, sec. 1-253, for the purpose of interpreting the last will and testament of W. P. Ingle, deceased, to determine whether the plaintiffs have a good and indefeasible title in fee simple to the property devised in said will.
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Appeal by defendant from Carr, J., 30 July, 1945, in Chambers, in Alamance. This is an action brought under the Uniform Declaratory Judgment Act, G. S., Art. 26, sec. 1-253, for the purpose of interpreting the last will and testament of W. P. Ingle, deceased, to determine whether the plaintiffs have a good and indefeasible title in fee simple to the property devised in said will. It is admitted that W. P. Ingle, at the time of his death, was seized and possessed of a fee simple title to said property. The will of W. P. Ingle was probated 19 August, 1930. The testator devised a life estate in…
1Opinion of the CourtDenny, J.
The appellant contends that the devise of the remainder in the Ingle property to Addie Shoe, was subject to the proviso : “If she looks after and takes proper care of my beloved wife, Mollie Ingle,” and that this proviso is a condition precedent, which condition was never performed and therefore title never vested in her. If this contention is correct, then the deed from Addie Shoe and her husband, J. W. Shoe, to Mollie Ingle did not convey the remainder in said property and Mollie Ingle’s deed to Dr. and Mrs. Brooks conveyed nothing more than her life estate; and the deed from Dr. and Mrs.…
2Cases cited9 opinions
- Hall v. . QuinnSupreme Court of North Carolina · 1925
- Allen v. . AllenSupreme Court of North Carolina · 1897
- Cook v. . SinkSupreme Court of North Carolina · 1925
- McNeely v. . McNeelySupreme Court of North Carolina · 1880
- First Presbyterian Church of Raleigh v. Sinclair Refining Co.Supreme Court of North Carolina · 1931
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3Cited by2 opinions
- Wimberly v. ParrishSupreme Court of North Carolina · 1960
- Allen v. JenkinsRoanoke County Circuit Court · 1995