Poole & Blue, Inc. v. Thompson
Supreme Court of North Carolina
Appeal by plaintiffs from Webb, J., at December Term, 1921, of Guilford. Civil action, tried on pleadings and tbe admissions of the parties in the cause, a jury trial having been formally waived.
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Appeal by plaintiffs from Webb, J., at December Term, 1921, of Guilford. Civil action, tried on pleadings and tbe admissions of the parties in the cause, a jury trial having been formally waived. The action is instituted to enforce an agreement entered into between plaintiff and defendants concerning the sale of certain lands by defendants to plaintiff and a restoration of part of the purchase price to plaintiff, and on the hearing it was properly made to appear that B. J. Fisher, formerly of Asheboro, N. C., died on 15 April, 1903, owning at tbe time valuable real estate situated in…
1Opinion of the Court
Hoke, J.,
after stating the case: Under the will of B. J. Fisher, deceased, the property in controversy being a portion of that “situated in America” is devised to his wife for life, or until her remarriage, with a contingent remainder to their children, and to the children of those who had married and died leaving children prior to the time for the vesting of this estate or interest, which is the death or remarriage of the wife. This is held to be the proper construction of the will in Thompson v. Humphrey, 179 N. C., 44, where the question is directly presented and determined. "While the…
2Cases cited10 opinions
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
- Latham v. Lumber Co.Supreme Court of North Carolina · 1905
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Spencer v. . McCleneghanSupreme Court of North Carolina · 1932
- Neill Ex Rel. Neill v. BachSupreme Court of North Carolina · 1950
- Waddell v. United Cigar Stores of AmericaSupreme Court of North Carolina · 1928
- Blades v. SpitzerSupreme Court of North Carolina · 1960
- Midyette v. Lycoming Timber & Lumber Co.Supreme Court of North Carolina · 1923
1 more not listed; retrieve them via the Exa API.