Allen v. . Allen
Supreme Court of North Carolina
Civil action to liave ■ a charge declared upon land in favor of plain tiffs, tried before Robinson, J., upon a case agreed at Pall Term, 1896, of Halifax Superior Court. There was judgment for the defendants and plaintiffs appealed. The facts appear in the opinion.
1Opinion of the Court
MONTGOMERY, J.:
The last will and testament of M. A. Allen, who died in Halifax County on the 9th of September, 1874, was duly admitted to probate in the December following. The will contained a devise to R. J. Allen, the testa*330tor’s son, of a tract of land of about 200 acres and a legacy of $940. In a codicil the testator uses the following language: “Whereas it is my desire that one of my sons should live at my old residence who bears my family name, in order therefore to place it in their power to do so, I make the following provision in will: If my son R. J. Allen will agree to live at my…
2Cases cited8 opinions
- Syme v. . BadgerSupreme Court of North Carolina · 1885
- Doe Ex Dem. Woods v. WoodsSupreme Court of North Carolina · 1853
- Rice v. . RiceSupreme Court of North Carolina · 1894
- Yorkly v. . StinsonSupreme Court of North Carolina · 1887
- Aston v. . GallowaySupreme Court of North Carolina · 1843
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