Legal Opinion · Dissent

Williams v. Williams

Supreme Court of North Carolina

Decided May 24, 1961No. 528Published

1DissentRodmaN, J.

Decisive of this controversy is the answer to this question: Was Cassie Morgan Williams lawfully married to David Moses Williams, who died 25 April 1959?

The majority concludes as a matter of law the question must be answered in the negative. I think the evidence requires a jury determination.

Perhaps some amplification of the evidence as stated in the opinion may be helpful. Petitioner Effie Banks and David Williams were married in 1929. At the time of his death she lived four or five miles from him. Petitioner, a witness in her own behalf, did not testify how long she and deceased lived…

2Cases cited14 opinions

  1. Fortune v. . HuntSupreme Court of North Carolina · 1908
  2. Standard Trust Co. of New York v. Commercial National BankSupreme Court of North Carolina · 1914
  3. Osmak v. American Car & Foundry Co.Supreme Court of Missouri · 1931
  4. Kearney v. . ThomasSupreme Court of North Carolina · 1945
  5. In Re the Will of WallSupreme Court of North Carolina · 1943

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