Saunders v. . Saunders
Supreme Court of North Carolina
This special proceeding is brought to compel partition of the land specified in the petition, heard before Boykin, J., at Spring Term, 1890, of Nash Superior Court. The defendant denies most of the material allegations of the petition, and alleges that he is sole seized of the land. Both the plaintiffs and defendant claim to derive title under the will of Sion Saunders.
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This special proceeding is brought to compel partition of the land specified in the petition, heard before Boykin, J., at Spring Term, 1890, of Nash Superior Court. The defendant denies most of the material allegations of the petition, and alleges that he is sole seized of the land. Both the plaintiffs and defendant claim to derive title under the will of Sion Saunders. The following is a copy of the material parts of the will: “2 I lend unto my beloved wife Elizabeth, during her natural life or widowhood, three hundred acres of land, including my 'dwelling and out-houses, known as-the ‘old…
1Opinion of the Court
Merrimon, C. J.:
The devisees mentioned in the second and third clauses of the will before us died in the life-time of the testator, and hence the devises therein to them lapsed, and the real estate, the subject thereof, in the absence of any intent to the contrary (none whatever appears), was included in the residuary devise, which provided that all the balance of the testator’s estate, both real and personal, should be sold and the money arising from such sale should be equally divided' among his heirs at law. The statute {The Code, 2142) in force at, before and ever since the time this will…
2Cases cited7 opinions
- Staton v. . MullisSupreme Court of North Carolina · 1885
- Bunn v. . WellsSupreme Court of North Carolina · 1886
- Council v. . AverettSupreme Court of North Carolina · 1886
- Vaughan v. . FarmerSupreme Court of North Carolina · 1884
- Graybeal v. . DavisSupreme Court of North Carolina · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Faison v. . MiddletonSupreme Court of North Carolina · 1916
- Duckworth v. Jordan.Supreme Court of North Carolina · 1905
- Broadhurst v. . MewbornSupreme Court of North Carolina · 1916
- Barfield v. CarrSupreme Court of North Carolina · 1915
- Rackley v. ChestnuttSupreme Court of North Carolina · 1892
6 more not listed; retrieve them via the Exa API.