Boggan v. . Somers
Supreme Court of North Carolina
Appeal from W. J. Adams, J., at October Term, 1909, of ÁNSON. Civil action to recover land. The feme plaintiff claimed title under tbe will of ber father,. H. B. Hammond, who died in 1883; the part of the will directly relevant to the inquiry being as follows: “Item 8. I give to my son-in-law, W. 0. Bennett, the house and lot in the town of Wadesboro in which Mary Jane, Ellen and Lydia Moore now-live, and the Cash land near "Wadesboro, in trust for the following purposes, to…
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Appeal from W. J. Adams, J., at October Term, 1909, of ÁNSON. Civil action to recover land. The feme plaintiff claimed title under tbe will of ber father,. H. B. Hammond, who died in 1883; the part of the will directly relevant to the inquiry being as follows: “Item 8. I give to my son-in-law, W. 0. Bennett, the house and lot in the town of Wadesboro in which Mary Jane, Ellen and Lydia Moore now-live, and the Cash land near "Wadesboro, in trust for the following purposes, to wit: That he shall allow the said Mary Jane, Ellen and Lydia Moore to occupy said house, and pay the rent of the land…
1Opinion of the Court
Hoke, J.,
after stating tbe case: On the testimony, if believed, the feme plaintiff took and bolds whatever interest was conveyed by her father’s will, and, if this interest is sufficient to justify the plaintiff’s recovery, the results of the trial should not be disturbed. And we are not called on to determine whether, on the facts in evidence, the three daughters of Mary D. Moore, referred to in Item 8, had elected to take under the will, for if this position should be conceded to defendant, we are of opinion that the plaintiff is entitled to the estate which has been awarded her by the…
2Cases cited6 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- State v. MaultsbySupreme Court of North Carolina · 1902
- Ward v. . Farmer SoutherlandSupreme Court of North Carolina · 1885
- Anderson v. . LoganSupreme Court of North Carolina · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Cullens v. . CullensSupreme Court of North Carolina · 1913
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- John L. Roper Lumber Co. v. Richmond Cedar Works & Dismal Swamp Canal Co.Supreme Court of North Carolina · 1915
- Paul v. . DavenportSupreme Court of North Carolina · 1940
5 more not listed; retrieve them via the Exa API.