Crawford v. . Wearn
Supreme Court of North Carolina
Civil action, heard on complaint and demurrer, before Winston, J., at September Term, 1894, of Mecklenburg Superior Court. The complaint alleges a contract between plaintiff and defendants, whereby the latter agreed to buy and pay for certain lots in the city of Charlotte, the tender of a deed, and refusal by defendants to comply with their contract.
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Civil action, heard on complaint and demurrer, before Winston, J., at September Term, 1894, of Mecklenburg Superior Court. The complaint alleges a contract between plaintiff and defendants, whereby the latter agreed to buy and pay for certain lots in the city of Charlotte, the tender of a deed, and refusal by defendants to comply with their contract. The complaint set out a copy of the will of Mrs. Christina E. Brown, by which the lots in question were devised to the plaintiff. The material item in the will was as follows: “V. I give and devise to my son Leonidas W. Crawford, the use of one…
1Opinion of the Court
Per Curiam :
After a careful examination of this ease, we have arrived at the conclusion that the rule in Shelley’s case does not apply, and that L. W. Crawford takes but a life estate in the property in question. Such seems the intention of the testator from the context of the will, and this intention, it is well settled, must prevail over technical language, when such language is qualified by superadded words. We are also of the opinion that the power to “ invest or use ” all of the property, in view of other expressions in the will, authorizes a sale of the same by the life tenant, and on…
2Cited by8 opinions
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- Ripley v. . ArmstrongSupreme Court of North Carolina · 1912
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