Ex Parte Watts
Supreme Court of North Carolina
AotioN by R. H. Watts and others against W. H. Godwin, beard by Judge W. 8.- O’B. Robinson, at September Term, 1901, of tbe Superior Court of WayNe County. Tbis is a proceeding to compel tbe purchaser at a sale made by order of tbe Court to comply witb tbe terms of bis purchase. He declines to do so on tbe ground that he can not get a good title.
Read the full summary
AotioN by R. H. Watts and others against W. H. Godwin, beard by Judge W. 8.- O’B. Robinson, at September Term, 1901, of tbe Superior Court of WayNe County. Tbis is a proceeding to compel tbe purchaser at a sale made by order of tbe Court to comply witb tbe terms of bis purchase. He declines to do so on tbe ground that he can not get a good title. Fanny Watts, wife of -the petitioner R. A. Watts, Sr., and mother of the other petitioners except Jack Hedrick, who joins in behalf of his wife, died, leaving a will, of which the following are parts material to this controversy: “1. I give and…
1Opinion of the Court
Douglas, J.,
after stating the facts. We think there was error in the judgment of the Court below. In construing wills, the object is to ascertain the intentions of the testator, and carry them into effect as far as it may lawfully be done. The evident intention of the testator was to provide a common home for her four younger children, two of whom are still infants, for a period limited to twenty-one years after the death of herself and her husband. While in general we do not approve of the needless tying up of land, we can not ignore entirely the jus disponencti inseparable from the right of…
2Cases cited2 opinions
- Tiddy v. . GravesSupreme Court of North Carolina · 1900
- Tiddy v. Graves.Supreme Court of North Carolina · 1900
3Cited by5 opinions
- Brooks v. . GriffinSupreme Court of North Carolina · 1919
- Watts v. Griffin.Supreme Court of North Carolina · 1905
- Buckner v. HawkinsSupreme Court of North Carolina · 1949
- Sides v. . SidesSupreme Court of North Carolina · 1919
- Jackson v. BeardSupreme Court of North Carolina · 1913