Long v. . Waldraven
Supreme Court of North Carolina
This action was brought by the executor of John B. Doub, deceased, for a construction of the will, the devisees and legatees (who were also the heirs at law and next of kin) of the testator, and the heirs at law and next of kin of Minerva S. Doub, the deceased widow of the testator, being made parties defendant. The disposing clauses of the will are set out in the opinion of Associate Justice Burwell.
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This action was brought by the executor of John B. Doub, deceased, for a construction of the will, the devisees and legatees (who were also the heirs at law and next of kin) of the testator, and the heirs at law and next of kin of Minerva S. Doub, the deceased widow of the testator, being made parties defendant. The disposing clauses of the will are set out in the opinion of Associate Justice Burwell. The defendants (heirs at law of Minerva S. Doub, who died intestate after the testator) contended that they were entitled under the will of John B. Doub to one-third of the real and personal…
1Opinion of the Court
BuRWklu, J.:
The appellants are the next of kin of Minerva S. Doub, whose husband, John B. Doub, by his will directed that all his estate, consisting of real and personal property, should be given unto his wife during her natural life, and in the third item of his will said: “It is my will that after the death of my wife, Minerva S. Doub, my estate shall be equally divided between the heirs of my brothers and sisters, with the exception of one-third of my estate, which I leave at the disposal of my wife, Minerva S. Doub, to be left as she may will.” The testator thus gave to his wife an estate…
2Cases cited3 opinions
- Patrick v. . MoreheadSupreme Court of North Carolina · 1881
- Bass v. . BassSupreme Court of North Carolina · 1878
- Shermer v. Shermer's executorsCourt of Appeals of Virginia · 1794
3Cited by14 opinions
- Chewning v. . MasonSupreme Court of North Carolina · 1912
- Smith Ex Rel. Smith v. MearsSupreme Court of North Carolina · 1940
- Ireland v. Pacific HomeCalifornia Court of Appeal · 1955
- Jones v. . FullbrightSupreme Court of North Carolina · 1929
- Griffin v. . CommanderSupreme Court of North Carolina · 1913
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