Dicks v. . Young
Supreme Court of North Carolina
Appeal by defendants, beard on case agreed by Ray, J., 30 November, 1920, from Stokes. Tbis is a proceeding for partition of land tried on tbe following agreed facts: 1. Tbat Williams II.
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Appeal by defendants, beard on case agreed by Ray, J., 30 November, 1920, from Stokes. Tbis is a proceeding for partition of land tried on tbe following agreed facts: 1. Tbat Williams II. Flynt, late of tbe county of Stokes, in tbe State of North Carolina, died on or about tbe. day of., 187...., leaving a last will and testament, wbicb was duly admitted to probate in tbe county of Stokes on 27 January, 1877, and recorded in Will Book No. 6, p. 82, item 3 of wbicb is as follows: “I give, bequeath and devise unto my beloved wife, Minerva Flynt, all my real estate, consisting of tbe two above…
1Opinion of the CourtAxleN, J.
The land in controversy is the share allotted to J ames D. Elynt, who had no child at his death, and who left surviving him a brother, William J. Elynt, and children of his deceased brother, Walter M. Elynt, and of his sister Margaret.
Do the children of Walter and Margaret take under the will or does the share of James go to William J. Flynt, who is the sole survivor of the four children named in item 3 of the will?
The determination of the question depends on the proper construction ■of the language “but if either of my children shall die without leaving a child or children living at their…
2Cases cited2 opinions
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3Cited by8 opinions
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- Franklin v. FaulknerSupreme Court of North Carolina · 1958
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- In Re Will of WolfeSupreme Court of North Carolina · 1923
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