Powell v. . Woodcock
Supreme Court of North Carolina
Actiok heard by Ward, JOctober Term, 1908, of BuN-COMBTS. This action was heard in the Superior Court, upon the following case agreed: 1. On 13 September, 1902, Sarah S. Newton, wife of George IT.
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Actiok heard by Ward, JOctober Term, 1908, of BuN-COMBTS. This action was heard in the Superior Court, upon the following case agreed: 1. On 13 September, 1902, Sarah S. Newton, wife of George IT. Newton, being the owner in fee and in possession of a tract of land in the city of Asheville, executed her will which, on 31 October, 1903, after the death of the said Sarah 5. Newton, was duly probated and recorded, as prescribed by law. ■ 2. The said Sarah S. Newton; at the time of her death, left surviving her George II. Newton, her husband, and one child; Neinon Newton, who was, at that time,…
1Opinion of the CourtWalicbR, J.
There are two questions presented in this ease. 1. Does the word “estate,” used in the residuary clause of Mrs. Newton’s will, include her land ? 2. Is the power to sell the land given to George II. Newton by implication? The identical questions, we think, are fully discussed and affirmatively answered in Foil v. Newsome, 138 N. C., 115, which is substantially like this case in its facts. “The word 'estate,’ taken in its primary sense as used in a will, without anything in the context to limit it, is a word of very extensive meaning. It is nearly synonymous with the word 'pro-erty,’ where…
2Cases cited5 opinions
- Carlton v. GoeblerTexas Supreme Court · 1900
- Foil v. Newsome.Supreme Court of North Carolina · 1905
- Council v. . AverettSupreme Court of North Carolina · 1886
- Vaughan v. . FarmerSupreme Court of North Carolina · 1884
- Crawford v. . WearnSupreme Court of North Carolina · 1894
3Cited by22 opinions
- Williams v. . RandSupreme Court of North Carolina · 1943
- Holland v. . SmithSupreme Court of North Carolina · 1944
- Gordon v. . EhringhausSupreme Court of North Carolina · 1925
- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
- Williams v. . BestSupreme Court of North Carolina · 1928
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