Rees v. . Williams
Supreme Court of North Carolina
Appeal by defendant from Cooke, J., at November Term, 1913, of "Wake. This is a controversy without action, submitted upon the following facts: 1. Several years ago Mrs. Jennie L. Lee, mother of the female plaintiffs and of Harry Lee, the other plaintiff, died leaving a last will and testament, which reads as follows, to wit: ' Wilmette, ILLINOIS, 30 June, 1905. Know all men by these presents, I, Jennie Lind Lee, a citizen of the United States of America, residing at present…
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Appeal by defendant from Cooke, J., at November Term, 1913, of "Wake. This is a controversy without action, submitted upon the following facts: 1. Several years ago Mrs. Jennie L. Lee, mother of the female plaintiffs and of Harry Lee, the other plaintiff, died leaving a last will and testament, which reads as follows, to wit: ' Wilmette, ILLINOIS, 30 June, 1905. Know all men by these presents, I, Jennie Lind Lee, a citizen of the United States of America, residing at present in Wil-mette, Illinois, do declare this to be my last will and testament. First. I hereby revoke and annul all wills…
1Opinion of the CourtAllen, J.
The determination of this appeal depends upon the construction of the will under which the plaintiffs claim, in which the land in controversy is devised to the plaintiff, Jennie Lee, now Eees, with the limitation that if she “shall die. leaving issue surviving her, then to such issue and their heirs forever,” but if she “shall die without issue surviving her,” then the property “to return to my eldest daughter,” etc.
Do the words “die leaving issue” and “die without issue” refer to the .death of the devisee in the lifetime of the testatrix, or to the time when the devisee dies, whether before…
2Cases cited5 opinions
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
- Smith v. Ellington-Guy Lumber Co.Supreme Court of North Carolina · 1911
- Perrett v. . BirdSupreme Court of North Carolina · 1910
- Williams v. . LewisSupreme Court of North Carolina · 1888
- Kornegay v. . MorrisSupreme Court of North Carolina · 1898
3Cited by14 opinions
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
- Goode v. . HearneSupreme Court of North Carolina · 1920
- Burden v. . LipsitzSupreme Court of North Carolina · 1914
- Jenkins v. . LambethSupreme Court of North Carolina · 1916
- Kirkman v. . SmithSupreme Court of North Carolina · 1918
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