Galloway v. . Carter
Supreme Court of North Carolina
Civil ACTION, tried before MacRae, J., at August Term, 1886, of Stokes Superior Court. Judgment for defendants. Plaintiffs appealed. It appears that Robert Galloway died, in the County oí Rockingham, in the year 1832, leaving a last will and testament, which was duly proven, and the executors therein named, duly qualified as such.
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Civil ACTION, tried before MacRae, J., at August Term, 1886, of Stokes Superior Court. Judgment for defendants. Plaintiffs appealed. It appears that Robert Galloway died, in the County oí Rockingham, in the year 1832, leaving a last will and testament, which was duly proven, and the executors therein named, duly qualified as such. The following is .a copy of the will: In the name of God, amen : I, Robert Galloway, of Valley Field, in Rockingham County, North Carolina, do make and publish this paper writing as my last will and testament, hereby expressly revoking all former wills by me made. I…
1Opinion
expresses himself in the same case thus: "In the present case it might not be considered as going far out of the way to believe (130) that the testator meant this: that if either of the legatees should die before (in common parlance) they got their legacy, or before it vested in them, then the survivors should have it. However, the doctrine seems so well established that words of survivorship added toa tenancy in common are so construed as to prevent a lapse, and become inoperative at the death of the testator, that questions of that description may be considered as put to rest."
He cites a…
2Cases cited11 opinions
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
- Smith v. Ellington-Guy Lumber Co.Supreme Court of North Carolina · 1911
- Dunn v. . HinesSupreme Court of North Carolina · 1913
- Goode v. . HearneSupreme Court of North Carolina · 1920
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