Tilley v. Ellis
Supreme Court of North Carolina
Civil action, tried at March Term, 1896, of Durham Superior Court, before Coble, J., and a jury. The purpose of the action was to obtain instructions of the court as to the application of the devise made in item 2 of the last will and testament, of plaintiffs’ testator.
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Civil action, tried at March Term, 1896, of Durham Superior Court, before Coble, J., and a jury. The purpose of the action was to obtain instructions of the court as to the application of the devise made in item 2 of the last will and testament, of plaintiffs’ testator. The sixth paragraph of the petition was as follows : “ 6. That the second item of their testator’s will is as follows : ‘ 1 give and devise to my beloved wife, Yiney Ellis, all of my property, both personal and real, of every description, to have and to hold the same during her natural life, at her death to the use of the…
1Opinion of the Court
ClaeK, J. :
The devise was to the use of the “ Method*242ist Episcopal Church.” Tbe administrator filed his petition asking to what Methodist Episcopal Church the devise should be applied, and both organizations by which those words were used in their title were made parties and answered, and the heirs-at-law answered, claiming the devise to be void.
On the trial one of the defendant church organizations admitted that its strictly legal name was “ Methodist Episcopal Church, South,” the suffix “ South ” being added to the descriptive words in the will, but offered to prove that the legal name of…
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