Legal Opinion

Whitfield v. Garris.

Supreme Court of North Carolina

Decided October 14, 1902PublishedCited by 23 opinions

AotioN by E. Gr. Whitfield and others against Ransom Garris and others, heard by Judge W. S. O’B. Robinson, at November Term, 1901, of the Superior Court of Wayne County. From a judgment for the defendants, the plaintiffs appealed.

1Opinion of the CourtFurches, C. J.

This is an action of ejectment and involves the construction of the will of Lewis Whitfield. The will was written in 1848, and the testator died in 1850 at the advanced age of 90 years. He was a man of large real and personal estate without living children, but having a number of grandchildren.

In Item 15 of the will he disposes of the land in controversy as follows: “I give, devise and bequeath to my grandson, Franklin Whitfield (son of L. S. Whitfield, deceased), that part of my land lying on the north of Neuse River, between Walnut Greek and Bear Greek, in the counties of Wayne and Lenoir…

2Cases cited2 opinions

  1. McCless v. MeekinsSupreme Court of North Carolina · 1895
  2. Coble v. ShoffnerSupreme Court of North Carolina · 1876

3Cited by23 opinions

  1. Whitfield v. Garris.Supreme Court of North Carolina · 1903
  2. Elmore v. AustinSupreme Court of North Carolina · 1950
  3. Sessoms v. . SessomsSupreme Court of North Carolina · 1907
  4. Hambright v. . CarrollSupreme Court of North Carolina · 1933
  5. Walker v. . ButnerSupreme Court of North Carolina · 1924

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