Taylor v. . Taylor
Supreme Court of North Carolina
Appeal by petitioners from Long, Jat June Term, 1917, of Guil-EORD. Tbis is a proceeding to sell land for division. Jobn B. Taylor was tbe owner of said land, and be died, leaving a lolograpbic will, wbicb bas been duly admitted to probate, and is as follows: “I, John B. Taylor, of tbe county of Guilford and State of North Carolina, being at this time of sound and disposing mind and memory, but always mindful of tbe uncertainty of life, and being disposed of making a just…
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Appeal by petitioners from Long, Jat June Term, 1917, of Guil-EORD. Tbis is a proceeding to sell land for division. Jobn B. Taylor was tbe owner of said land, and be died, leaving a lolograpbic will, wbicb bas been duly admitted to probate, and is as follows: “I, John B. Taylor, of tbe county of Guilford and State of North Carolina, being at this time of sound and disposing mind and memory, but always mindful of tbe uncertainty of life, and being disposed of making a just and equitable disposition of my property, I have made this my last will and testament, in manner and form following: “Item…
1Opinion of the CourtAllen, J.
It is true, as contended by the petitioners, that a devise to children does not include grandchildren (Lee v. Baird, 132 N. C., 755), and that when tbe devise is to survivors after a life estate, tbe time-usually adopted for determining wbo comes witbin tbe class is tbe death of tbe life tenant, and not tbe death of tbe testator (Bradshaw v. Stansberry, 164 N. C., 356), but these are not principles'of substantive law, but rules of interpretation, which should be resorted to to ascertain the intention of tbe testator, and not to defeat it. Crossley v. Leslie, 14 Anno Cases, 706.
It is also…
2Cases cited6 opinions
- Dunn v. . HinesSupreme Court of North Carolina · 1913
- Bradshaw v. . StansberrySupreme Court of North Carolina · 1913
- Lee v. Baird.Supreme Court of North Carolina · 1903
- Ripley v. . ArmstrongSupreme Court of North Carolina · 1912
- Doe on the Demise of Gibson v. GibsonSupreme Court of North Carolina · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Carroll v. HerringSupreme Court of North Carolina · 1920
- Chas. W. Priddy & Co. v. SanderfordSupreme Court of North Carolina · 1942
- Wachovia Bank & Trust Co. v. GreenSupreme Court of North Carolina · 1954
- Central Carolina Bank & Trust Company v. BassSupreme Court of North Carolina · 1965
- Jackson v. LangleySupreme Court of North Carolina · 1951
11 more not listed; retrieve them via the Exa API.