Miller Ex-Parte
Supreme Court of North Carolina
PETITION to sell land for partition commenced before the clerk and heard on appeal at Spring Term, 1884, of BuNCOmbe Superior Court, before Graves, J. The clerk refused the prayer of the petitioners upon the ground that it could not be ascertained who would be entitled to the estate limited over under the will of James M. Smith until the expiration of the estate of the life tenant, Elizabeth A. Smith. This ruling was affirmed by the judge,and the petitioners appealed.
1Opinion of the CourtSmith, C. J.
By a codicil to his will made in the month of "February, 1856, and proved in the county court of Buncombe at July term of the same year, James M. Smith devises certain lots, describing them, in the town of Asheville to his daughter Elizabeth A., wife of J. H. Gudger, “to her sole and separate use and benefit for and during her natural life, with remainder to such children as she may leave her surviving,'and those representing the interest of any that may die leaving children.”
The offspring of this marriage are the petitioners, L. R., intermarried with C. H. Miller, senior, Polly V.,…
2Cases cited2 opinions
- Williams v. HassellSupreme Court of North Carolina · 1875
- Skinner v. . WoodSupreme Court of North Carolina · 1877
3Cited by20 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- Miller v. City of AshevilleSupreme Court of North Carolina · 1893
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