Walker v. Johnston
Supreme Court of North Carolina
Special peooeediNg, before the Court of Probate of Meoio lenbitkg county, to obtain a construction of a will, from whence it was removed to the Superior Court, where the case was heard before Logan, J., at Fall Term, 1873. Matthew Wallace, the plaintiff’s testator, died in 1831, leaving a will, of which the following are the clauses upon which a construction is asked : “3. I will and bequeath to my sister Catherine, all that body of land on which I now live, which is bold by…
Read the full summary
Special peooeediNg, before the Court of Probate of Meoio lenbitkg county, to obtain a construction of a will, from whence it was removed to the Superior Court, where the case was heard before Logan, J., at Fall Term, 1873. Matthew Wallace, the plaintiff’s testator, died in 1831, leaving a will, of which the following are the clauses upon which a construction is asked : “3. I will and bequeath to my sister Catherine, all that body of land on which I now live, which is bold by three several titles, adjoining the lands of Matthew B. 'Wallace and that of the estate of Alfred Wallace, deceased,…
1Opinion of the CourtPeARSON, C. J.
Owing to the number of classes and the many individuals composing the classes, at the opening of the case, it seemed to be- very complicated. Upon examination, we find there is really no difficulty presented by the provisions of the will, and the only matter is to “ call the roll,” and let each man take place in his company, a task which I will not undertake, leaving it to be performed by a reference.
*5791. The will directs a sale of the land at the death of the testator’s sister, Catharine, the proceeds of sale to go into the common fund, thus the la/nd is converted into personal estate.
2. John…
2Cited by9 opinions
- Parker v. ParkerSupreme Court of North Carolina · 1960
- Cole v. . ColeSupreme Court of North Carolina · 1949
- Beam v. . GilkeySupreme Court of North Carolina · 1945
- Robinson v. . RobinsonSupreme Court of North Carolina · 1947
- WACHOVIA BANK & TRUST COMPANY v. TaylorSupreme Court of North Carolina · 1961
4 more not listed; retrieve them via the Exa API.