Culp v. . Lee
Supreme Court of North Carolina
This was a civil action to recover a sum of money due the plaintiffs under the will of Thomas Russell, tried at the Fall Term, 1891, of the Superior Court of Mecklenburg County, before Holce, J., who upon agreement of the parties found the facts, trial by jury being waived.
Read the full summary
This was a civil action to recover a sum of money due the plaintiffs under the will of Thomas Russell, tried at the Fall Term, 1891, of the Superior Court of Mecklenburg County, before Holce, J., who upon agreement of the parties found the facts, trial by jury being waived. The action was commenced in February, 1891. It was admitted on the part of defendant that the feme plaintiff was twenty-two years of age and married before coming of age, and the male plaintiff twenty-five years of age at the. time of trial, and on behalf of the plaintiff that D. P. Lee, executor of Thomas Russell, filed…
1Opinion of the Court
Clark, J.:
1. The direction in the residuary clause that the “surplus shall be equally divided and paid over to Philip J. Russell, Miss Mary Russell and the children of my niece Martha, wife of Charles Stanford, in equal portion, share and share alike, to them, and each and every of them, their executors, administrators and assigns absolutely forever,” was properly construed as a devise per capita, and not to the children of Martha Stanford per stirpes as a class. The authorities, Bryant v. Scott, 21 N. C., 155; Gheeves v. Bell, 54 N. C., 234; Harrell v. Davenport, 58 N. C., 4; Hill v.…
2Cases cited14 opinions
- King v. . RhewSupreme Court of North Carolina · 1891
- Temple v. . WilliamsSupreme Court of North Carolina · 1884
- Wellborn v. . FinleySupreme Court of North Carolina · 1859
- Clayton v. . CagleSupreme Court of North Carolina · 1887
- State Ex Rel. Harris v. HarrisonSupreme Court of North Carolina · 1878
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- Johnson v. Pilot Life InsuranceSupreme Court of North Carolina · 1940
- Burton v. . CahillSupreme Court of North Carolina · 1926
- Kuykendall v. ProctorSupreme Court of North Carolina · 1967
- Alexander v. . AlexanderSupreme Court of North Carolina · 1897
13 more not listed; retrieve them via the Exa API.