Mitchell v. . Parks
Supreme Court of North Carolina
Appeal by defendant from McElroy, J., at Spring Term, 1920, of Stokes. Special proceedings for partition among tbe parties of a tract of 162% acres, wbicb was allotted, under tbe will of Rolley Brim to Katharine Brim, tbe widow of Rolley Brim, and tbe rights of tbe parties depend upon tbe construction of item 2 of bis will, wbicb, with some other sections, is as follows: “Item 2. I give and bequeath to my wife two good beds and one cow. . . . Also I bequeath to her one-third…
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Appeal by defendant from McElroy, J., at Spring Term, 1920, of Stokes. Special proceedings for partition among tbe parties of a tract of 162% acres, wbicb was allotted, under tbe will of Rolley Brim to Katharine Brim, tbe widow of Rolley Brim, and tbe rights of tbe parties depend upon tbe construction of item 2 of bis will, wbicb, with some other sections, is as follows: “Item 2. I give and bequeath to my wife two good beds and one cow. . . . Also I bequeath to her one-third of all my real estate, including my homestead, after all my debts are paid, during her widowhood. At my widow’s death…
1Opinion of the Court
WaleeR, J.,
after stating tbe case: Tbe question before us calls for a construction of item 2 of tbe will, and its meaning must be determined by a consideration of tbe entire instrument in order to ascertain wbat was tbe intention of tbe testator. It is generally beld tbat a devise or bequest to tbe children of two or more persons, whether expressed as to tbe children of A. and B., or to tbe children of A. and tbe children of B., or to other relatives of different persons, usually means tbat such children or relatives shall take per capita and not per stirpes, unless it is apparent from tbe…
2Cases cited13 opinions
- Bannon ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Preston v. BrantSupreme Court of Missouri · 1888
- Ross' Ex'r v. KigerWest Virginia Supreme Court · 1896
- Culp v. . LeeSupreme Court of North Carolina · 1891
- Lee v. Baird.Supreme Court of North Carolina · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Burton v. . CahillSupreme Court of North Carolina · 1926
- Wooten v. . OutlandSupreme Court of North Carolina · 1946
- In Re BattleSupreme Court of North Carolina · 1947
- Lowe v. . CarterSupreme Court of North Carolina · 1856