Orrender v. . Call
Supreme Court of North Carolina
This is a civil action to recover land, which was tried before Clark, T, at Spring Term, 1888, of the Superior Court of Davie County.
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This is a civil action to recover land, which was tried before Clark, T, at Spring Term, 1888, of the Superior Court of Davie County. The plaintiff claimed title under a deed executed to him by M. R. Chaffin, administrator de bonis non, with the will annexed, of David Call, Sr., on the __ day of_, 1886, and in support of his title offered in evidence: 1. The will of David Call, Sr., deceased, dated July 14th, 1838, which, so far as is material for our consideration, devises to his wife Sarah, his “lands and plantation ten years,” for the support of five of his children (naming them), and- at…
1Opinion of the Court
Davis, J.,
(after stating the case.) The first exception is to the record showing the allotment of dower.to the widow, in 1847. -The widow was entitled, under the will, to the possession of all the land for ten years, and after that her dower was to be allotted,' and the evidence was offered to show that the provision of the will in regard to the land had, in this respect, been complied with. It could not prejudice the defendant in any event that we can see, for, whether allotted or not, it could not affect the power of the executor, or, in the event of his death, the power of the…
2Cases cited7 opinions
- Page v. . BranchSupreme Court of North Carolina · 1887
- Hicks v. . BullockSupreme Court of North Carolina · 1887
- Council v. . AverettSupreme Court of North Carolina · 1886
- Vaughan v. . FarmerSupreme Court of North Carolina · 1884
- McBee and Others, Ex ParteSupreme Court of North Carolina · 1869
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3Cited by3 opinions
- Farabow v. . GreenSupreme Court of North Carolina · 1891
- Orrender v. . ChaffinSupreme Court of North Carolina · 1891
- Wachovia Bank & Trust Co. v. W. H. King Drug Co.Supreme Court of North Carolina · 1940