Sides v. . Sides
Supreme Court of North Carolina
Special proceeding for the partition of lands by a sale thereof, heard on appeal from the clerk of the court, by Adams, J., at October Term, 1919, of Iredell. The matter was heard in the court below upon an agreed case, and the following statement of facts will sufficiently explain the controversy: In 1881 Daniel Sides died, leaving a last will and testament. He left surviving him nine children and two children of a deceased son.
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Special proceeding for the partition of lands by a sale thereof, heard on appeal from the clerk of the court, by Adams, J., at October Term, 1919, of Iredell. The matter was heard in the court below upon an agreed case, and the following statement of facts will sufficiently explain the controversy: In 1881 Daniel Sides died, leaving a last will and testament. He left surviving him nine children and two children of a deceased son. One of the surviving children of Daniel Sides was a married son, J. W. Sides, and another a widowed daughter, Adeline Lewis, who had three children, N. A. Lewis,…
1Opinion of the Court
Walker, J.,
after stating the case: We need consider but one question, that is, whether the plaintiffs were entitled to partition of the “Home Place.” The other questions will be presented when the land is divided or sold for partition, the report of the commissioners is confirmed and directions are given for a distribution of the fund among those entitled to it. The court will then determine how the proceeds of the sale shall be divided in accordance with the terms of the will.
It appears that the testator desired the “Home Place” to be kept for the single members of his family as long as they…
2Cases cited2 opinions
- Watts v. Griffin.Supreme Court of North Carolina · 1905
- Ex Parte WattsSupreme Court of North Carolina · 1902
3Cited by2 opinions
- Chas. W. Priddy & Co. v. SanderfordSupreme Court of North Carolina · 1942
- Satterfield v. . StewartSupreme Court of North Carolina · 1938