Ex Parte Brogden
Supreme Court of North Carolina
Appeal by all parties, except the executor and Marcom heirs, from Kerr, J., at September Term, 1920, of Wake. This was an action submitted without controversy, for the construction of the following clause in the will of Elihu Sater: Item S. “The remainder of my real estate, with all my personal property, I desire to be sold, and to be equally divided between my two sisters’ children, Johnie Eogers and Fannie' Buchanan, and Will Marcom, Luther Marcom, Felix Marcom, and Walter…
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Appeal by all parties, except the executor and Marcom heirs, from Kerr, J., at September Term, 1920, of Wake. This was an action submitted without controversy, for the construction of the following clause in the will of Elihu Sater: Item S. “The remainder of my real estate, with all my personal property, I desire to be sold, and to be equally divided between my two sisters’ children, Johnie Eogers and Fannie' Buchanan, and Will Marcom, Luther Marcom, Felix Marcom, and Walter Marcom, Lena Conyers, and Lula Upchurch.” 'Johnie Eogers and Fannie Buchanan were the children of one of the testator’s…
1Opinion of the CourtClaeic, C. J.
The court below properly held that neither of the two husbands surviving take anything as tenants by courtesy. The will having directed the realty to be sold and proceeds divided, it became personalty.
The court also properly held that the provision that the proceeds should be equally divided between the persons referred to should be construed as a devise per capita, and not to the children of the sisters per stirpes. Culp v. Lee, 109 N. C., 677, and numerous cases there cited. This is simply a devise to the eight persons named, the words “two sisters’ children” being merely descriptive.
The…
2Cases cited5 opinions
- Howell v. . TylerSupreme Court of North Carolina · 1884
- Shull v. . JohnsonSupreme Court of North Carolina · 1855
- Bryant v. . ScottSupreme Court of North Carolina · 1835
- Hastings v. . EarpSupreme Court of North Carolina · 1866
- Marsh v. Dellinger.Supreme Court of North Carolina · 1900
3Cited by7 opinions
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- Burton v. . CahillSupreme Court of North Carolina · 1926
- Wooten v. . OutlandSupreme Court of North Carolina · 1946
- Tillman v. . O'BriantSupreme Court of North Carolina · 1942
- Wachovia Bank and Trust Co. v. LivengoodSupreme Court of North Carolina · 1982
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